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1925 Supreme(Oudh) 189
HIGH COURT OF OUDH
Daniels, J.C.
Ali Abbas Alias Banne Saheb - Appellant
Versus
Subba Singh - Respondent
Decided On : 31-03-1925
JUDGMENT
Daniels, J C - The Sub-Inspector of Wazirgunj who is the opposite party in this case searched the applicant's house for cocaine. It appears that he omitted to record his reasons as required by Section 53 of the Excise Act for not first obtaining a search warrant from a Magistrate. On this the applicant filed a complaint against him of various offences ranging from defamation to dacoity. That complaint was dismissed under Section 203, Cr. P.C., and as the Sessions Judge refused to make a reference to this Court the present application is filed in revision. The applicant's learned Counsel does not insist on most of the offences contained in the application but urges that the real offence is one of criminal trespass. Now admitting that it might be an act of trespass to enter the applicant's house without complying with all the formalities required by law criminal charge under Section 448 requires something more. It requires an intention either to commit an offence or to intimidate, to insult or annoy the person in possession. There is no indication in this case of any such intention and the complaint was therefore rightly dismissed. I reject the present application.
