Law: Criminal Procedure Code (V of 1898)

Section: S. 522

(a) Criminal Procedure Code (V of 1898)------   -----S. 522-Force not used at time of commission of offence-Order restoring possession not called for-Accused, however, taking possession after breaking lock of house-Order passed by Magistrate under S. 522 restoring possession, held, justified.   Narain Singh and another v. Panna Lal A I R 1940 Lah. 460; Daw Mya and another v. Emperor A I R 1937 Rang. 248 and D. K. Aswatha Narayana Gupta v. J. Muneppa and others A I R 1943 Mad. 257 ref.   (b) Criminal Procedure Code (V of 1898)-----   ----S. 522-Evidence supporting title of complainant in whose favour order of restora tion of possession passed by Magistrate-Accused acquitted in appeal-Order of restoration to complainant need not be disturbed. Abdul Ghani v. The Crown P L D 1950 Lah. 154 rel. JUDGMENT   This order will dispose of Cr. Revision 49/62 BWP and 57/62 BWP. Haji Mahmood petitioner and his son Allah Diwaya were convicted on the 16th of March 1962, for an offence under section 453, P. P. C. by the Magistrate 1st-Class, Ahmadpur East. The conviction was set aside on appeal by the learned Sessions Judge, Bahawalpur, by his order dated the Ist of June 1962.   Mr. Akhtar Ali complainant applied to the trial Magistrate on the 2nd of April 1962,for the possession of the house being delivered to him under section 522, Cr. P. C. The learned Magistrate accepted his prayer and ordered on the 16th of April 1962, for the possession being delivered to him. This order was duly executed and the possession was delivered to Mir Akhtar Ali complainant. This order of the learned Magistrate was challenged by means of a revision in the Court of the learned Sessions Judge, Bahawalpur. The revision petition was dismissed on the 1st of June 1962, and the learned Sessions Judge refused to restore the possession of the house in dispute to the petitioner. The learned Sessions Judge has remarked in the order that "the present petitioners admitted in their statements under section 342, Cr. P. C. that the house in dispute had been built by the complainant's father, Mir Ashraf Ali somewhere in 1932, and that they had been occupying the house with…