LAWS(RAJ)-1950-6-7

NAROTAM Vs. KAMLABAI

Decided On June 05, 1950
NAROTAM Appellant
V/S
KAMLABAI Respondents

JUDGEMENT

(1.) THIS case comes on a reference by the Sessions Judge, Bundi, dated the 30th March 1950.

(2.) THE facts giving rise to this case are that on the 13th of September 1948 one Kamlabai lodged a complaint to the effect that the locks of her house and shop were broken open by the accused Narotam and Kesrilal and her movable property which was placed therein was removed by the accused, that this action on their part came within the purview of sec. 451 I. P. C. and sec. 145 Cr. P. C. and, therefore, the accused should be punished and the complainant's movable property be restored to her possession. THE City Magistrate, Bundi, thereupon did not make any enquiry into the offence under sec. 451 I. P. C. but proceeding under sec. 145 Cr. P. C. he passed an order on the 19th of December 1949 directing the accused to restore the possession of the house and the shop to the complainant and to refrain from making any breach of the peace.