ORDER: If articles which are in possession of a person are removed by another with intention to evict the former from a building in which the articles are kept, will an offence under Sec.380 of the Indian Penal Code (I.P.C., for short) be attracted? This question arises for consideration in this case,

2. Petitioners are accused of offences under Secs.380, 451 and 34, I.P.C. The third respondent/de facto complainant, who is a practising advocate, filed a complaint before judicial first class Magistrate alleging that after his senior’s death, he was in possession of the building owned by petitioners 1 and 2 and he was running his office in the building. First and second petitioners demanded eviction of the building. The complainant agreed to vacate the building when he gets another building for occupation. But, before that, all the petitioners went to the office of the de facto complainant and asked him to vacate the building. He was also told that or else, articles which are kept in the office would be removed.

3. Later a coconut was deliberately put on the building under the pretest of plucking coconuts and hence the de facto complainant filed a complaint before the Deputy Superinten

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