1. The respondent, who is the original complainant, filed a complaint against the applicant / original accused, according to him, for an offence under S.425 of the I. P. C. The case of the complainant was that the accused cut off the water supply of his flat wherein he resides, thereby causing such change in the flat as destroys or diminishes its value and utility. The accused raised a preliminary objection on the ground that the cutting off of the water supply did not constitute an offence under S.425 I. P. C. The case of the accused is that the acts alleged by the complainant do not contain the ingredients necessary for constituting an offence of mischief and that therefore the complaint of the respondent should be dismissed in limine without trial. In support of his case Shri Cardozo, learned advocate for the petitioner, relies on ' Ramdas Pandey v. Nagendra Nath '. AIR 1948 Cal. 197 and ' I.H. Khan v. V.M. Arathoon ,' 1969 CriLJ