SMT. KANWAL SOOD versus NAWAL KISHORE AND ANOTHER

SMT. KANWAL SOOD versus NAWAL KISHORE AND ANOTHER

On the facts alleged, no offence under section 441 IPC is made out due to absence of allegations regarding intention to commit offence, intimidate, insult, or annoy; initiation of criminal proceedings was an abuse of process as matter is essentially civil; appeal before Sessions Judge was maintainable due to inclusion of order under Section 456 CrPC.

Parties
Appellant: Smt. Kanwal Sood; Respondent No. 1: Nawal Kishore; Respondent No. 2: Anand Mayee Sangh
Jurisdiction
India
Judgment Date
26 November 1982
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Judgment of Allahabad High Court in Criminal Appeal No. 342 of 1976 Dated 16th December, 1980
Outcome
Appeal allowed
Legal Topics
Criminal Trespass, Gift Deed, Appeal Procedure
Criminal Law Property Law Criminal Trespass Gift Deed Appeal Procedure

Case Brief

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Parties

Smt. Kanwal Sood

Appellant

Nawal Kishore

Respondent No. 1

Anand Mayee Sangh

Respondent No. 2

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Judgment of Allahabad High Court in Criminal Appeal No. 342 of 1976 Dated 16th December, 1980

Legal Issues

  1. 1 Whether the appellant's continued occupation after the donor's death amounts to criminal trespass under Section 441 IPC as amended by U.P. Act 31 of 1961
  2. 2 Whether initiation of criminal proceedings is justified or an abuse of process
  3. 3 Whether appeal before Sessions Judge was maintainable

Ratio Decidendi

On the facts alleged, no offence under section 441 IPC is made out due to absence of allegations regarding intention to commit offence, intimidate, insult, or annoy; initiation of criminal proceedings was an abuse of process as matter is essentially civil; appeal before Sessions Judge was maintainable due to inclusion of order under Section 456 CrPC.

Court Disposition

Appeal allowed

Orders

  • Judgment of High Court dated 16th December, 1980 set aside
  • Judgment of Sessions Court restored