ORDER :- This revision is against the judgment of the appellate Magistrate of Cuttack maintaining the conviction of the petitioners under S. 352, I.P.C. under the following circumstances.

2. On 14-6-1951, a police constable (P.W. 6) went to village Dihapahalo where the parties reside, with a view to serve a notice under S. 144, Cr. P.C., on the petitioners directing them not to enter into the disputed house or to interfere in any way with its possession by Chanda Bewa (opposite party). It was alleged that though the notice was shown to the petitioners, they disregarded the order contained in the notice, forcibly dragged out Chanda Bewa from the house and locked it up.

After due enquiry, the Magistrate concerned, filed a complaint for the prosecution of the petitioners under S. 188, I.P.C., for disobedience of his order under S. 144, Cr. P.C. That case ended in acquittal on 26-2-53 in the Court of a First Class Magistrate, Cuttack. Then a complaint was filed by Chanda Bewa against the petitioners for offences under Ss. 448, 341 and 352, I.P.C., in respect of the same incident.

A separate complaint case was started on the basis of that complaint and tried by Shri M.N.L. Sarma, Magistrat