Chunni Lal and Another vs Baldeo

Kanhaiya Lal, J.—The learned District Magistrate finds that the applicants, Chunni Lal and Indra, were convicted of an offence u/s 447 of the Indian Petal Code by reason of their having continued to cultivate certain fields in spite of their ejectment and that there was nothing to indicate that the offence of criminal trespass was attended by the use of the criminal force. Section 522, Criminal Procedure Code, cannot, on these facts, apply and the order of the learned Honorary Magistrate directing the delivery of possession of the fields in question with the crops standing thereon to the complainant cannot be sustained. The Reference is, therefore, accepted and the order of the Honorary Magistrate parsed u/s 522 of the Code of Criminal Procedure is set aside. It is open to the complainant to seek any other remedy open to him in the manner provided by law. Let the record be returned.