V.M.TARKUNDE
Francis D Souza – Appellant
Versus
Edward A. L. Gameiro – Respondent
(2) (After stating the facts and holding that the conviction of the petitioner under S. 341, I. P. C. was justified, his Lordship proceeded.) Mr. Neemachwala then argued that the learned Presidency Magistrate erred in law in passing an order under S. 522, Criminal ProcedureCode, for the restoration of possession of the premises to the complainant. In order to appreciate the arguments of Mr. Neemchawala the terms of S. 522 (1) may be set out :
"Whenever a person is convicted of an offence attended by criminal force or show of force or by criminal intimidation and it appears to the Court that by such force or show of force or criminal intimidation any person has been dispossessed of any immoveable property, the Court may, if it thinks fir, when convicting such person or at any time within one month from the date of the conviction order
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