Intention was only to evict the tenant from the premises.

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 Superintendent of Police. On the very same evening also, there was a threat that his files would be removed and the building would be destroyed. A suit was therefore filed before the Munsiff’s Court for restraining the petitioners from causing obstructions in running the office. A temporary injunction was also issued against the petitioners and this fact was conveyed to the first petitioner and others. But, on the date of occurrence, de facto complainant received information in the night that petitioners were destroying the building. At about 6 a.m. he went to the office anf dound that the building was destroyed and the files, books, furniture etc., were missing. On a complaint that his articles were removed by the petitioners, a crime was registered. Police after investigation, submitted a charge sheet before the Judicial First Class Magistrate. Based on the chargesheet, the Court took cognizance of offence under Secs.380 and 451, I.P.C., and issued summons to the petitioners. The petitioners filed this petition to quash the charge sheet.

4. The question which arises in this case is whether, on the above allegations, offences under Secs.380 and 451, I.P.C., will lie or not. It is vehemently contended by learned counsel appearing for the petitioners that the allegations in the complaint and the other records will not disclose the necessary ingredients of offence under Sec.380, I.P.C. From the chargesheet as the complaint and other records it appears that the sole intention of the petitioners while removing the articles was to evict the de facto complainant. Hence, an offence of “theft”, under Sec.380, I.P.C., is not attracted, is the argument.

5. To appreciate this argument, I shall first try to find out as to what constitutes “theft” under Indian Penal Code.Sec.378, I.P.C.,defines “theft”. In Sec.378, a reference is made to the expression “dishonestly”.The said word “dishonestly” is defined under Sec.24 of I.P.C. On reading Sec.24, I further find that a reading of Sec.23, I.P.C., will also be necessary to understand the real import of the expression, “dishonestly”. So, to perceive as to what constitutes the offence of “theft”. A joint reading of all the above sections is absolutely essential. I shall therefore extract all the above sections one by one as follows:

“Sec.378: Theft: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft”.

“Sec.24:” Dishonestly“Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly”.

“Sec.23 “Wrongful gain”: “Wrongful gain” is gain by unlawful means of property to which the person gaining is not leg

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