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1977 Supreme(Kar) 168

LAL
MALLAPPA – Appellant
Versus
VEERABASAPPA – Respondent


Advocates:
B.V.DESHPANDE, K.H.N.KHURANGA, SURESH S.JOSHI

( 1 ) THIS revision is directed against the order of the Additional Munsiff and J. M. F. C. Haveri in C. C. No. 208/76, passed under S. 358 of the Code of Criminal Procedure holding that the complainant caused the arrest of the accused though there were no sufficient grounds for causing such arrest, and hence awarding the compensation

( 2 ) THE case emerged out of a police complaint filed by Mallappa against several accused including the respondents 1 to 6. The complainant's case related to a parcel of land stated to be in possession of Mallappa and over such land the respondents 1 to 6 along with several other accused were stated to have trespassed. As such, the accused were charge-sheeted for the offence punishable under S. 447 read with S. 109 IPC. It is manifest that the offence under S. 447 was a cognizable one, and since the information regarding the accused was given by Mallappa in his complaint, investigation was conducted under S. 157 Cr. P. C. leading to the arrest of the respondents 1 to 6. Subsequently, the said accused were put up for trial, but they were acquitted. The learned trial Magistrate found that although there was a dispute regarding possession, yet, it could








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