In Re: Rethu Venkata Appala Naidu and Others

Yahya Ali, J.—This is a reference made by the Sessions Judge, Vizagapatam, u/s 438 of the Code of Criminal Procedure to revise the order

made by the Sub-Divisional Magistrate, Vizianagaram, u/s 522(1). It was a case of trespass against the three accused for which they were

convicted. Following the conviction the complainant applied u/s 522(3) of the Code of Criminal Procedure for the restoration of possession of the

land to him. The Sub-Divisional Magistrate took the view that Section 522(3) would apply only if there was show of force or use of force. The

learned Sessions Judge has pointed out that that view is not correct and that what is required is that the offence should have been attended by

criminal force or show of force or by criminal intimidation and it should appear to the Court that by such force or show of force the complainant

was dispossessed of the land. In the present case there was evidence, as indicated by the learned Sessions Judge, that the offence was attended by

criminal force and that the complainant was dispossessed of the land by show of force or use of force. The order of the Sub-Divisional Magistrate

under sub-section(3) of Section 522 of the Code of Criminal Procedure is set aside and the three accused are directed to restore possession of the

land to complainant''s legal representatives as it is reported that the complainant has since died.