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Judgment
This is an appeal against an order dated 1351974, passed by the Judicial Magistrate 1st Class, ( City Judge ) Jammu whereby he has acquitted the
accused of a charge under Section 447 R. P. C. The land forming the subject matter of trespass was in custodia legis by virtue of an order of
attachment under Section 145 (4 Cr. P. C. Accordingly we agree with the trial magistrate that the (act of trespass committed by the accused really
constituted disobedience of order of attachment and amounted to an offence under Section 188 R. P. C. and that .the accused could not be
prosecuted except on a complaint in writing of the magistrate"" This is also the view taken in the case of Saladi Chandra Versus Coliakoti
Sambayya (A. I. R. 1958 A. P. 710 In the circumstances the prosecution of the accused based upon the change sheet submitted by the police was
incompetent. The trial magistrate has rightly dismissed the challenge and acquitted the accused.
We see no good ground for interference. The appeal is hereby dismissed.