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1993 Supreme(AP) 65

A.GOPAL RAO
S. K. Mohd. – Appellant
Versus
Mohd. Mahamood – Respondent


A. GOPAL RAO, J.

( 1 ) PETITIONERS in this revision case are brothers. They were convicted under section 448 IPC and sentenced to pay a fine of Rs. 500/- each, in default to suffer simple imprisonment for a period of one month, by the XV Metropolitan magistrate, Hyderabad in C. C. No. 80/1990 on his file. On appeal, the conviction and sentence imposed on the petitioners by the learned Magistrate, were confirmed by the I Addl. Metropolitan Sessions Judge. Hyderbad, in Criminal appeal No. 194 of 1991. The relief granted under Section 456 (1) Cr. P. C. by the learned Magistrate to the complainant, directing the accused to restore possession of the room which was occupied by them on the date of offence was also confirmed by the lower appellate court. Aggrieved by the said judgment, the present revision case is filed.

( 2 ) ON 13-12-1991, this court granted stay of operation of the order passed by the learned Additional Metropolitan Sessions Judge directing restoration of possession of the room under Section 456 (1) Cr. P. C. Consequently, the petitioners/accused continued to be in possession of the room in question.

( 3 ) THE complainant (P. W. I) is residing in House no. 11-4-402, Raja














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