The appellant feeling aggrieved by the order of the learned Magistrate went up in appeal and took up various grounds.
69 of 1981 Appeal by special leave from the Judgment and order dated the 16th December, 1980 of the Allahabad High Court in Criminal Appeal No.
Respondent No.
The appellant is the widow of the brother of Shri R.C Sood.
On 10th of October, 1973, Shri R.C. Sood expired.
The learned Sessions Judge allowed the appeal, set aside the order of the learned Magistrate and acquitted the appellant by his judgment Dated 19th August, 1975.
It appears that in 1967 the appellant was invited by Shri R.C. Sood to reside with him in the aforesaid house and ever since she has been residing peacefully there.
He examined himself as P.W. 1 and also produced Shri K. Bose as P.W.2.
342 of 1976.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The management of the same would be taken up by the Sangh after their death.
1, Shri Nawal Kishore thereupon filed a companyplaint under section 448 of the Indian Penal Code against the appellant in the Court of Sub Divisional Magistrate, Mussoorie.
Respondent No.
The appellant, however, did number vacate the premises as she was companyvinced that her stay in the said premises companyld number amount to criminal trespass.
In addition, the learned Magistrate also passed an order directing the appellant to vacate the premises within two months of the passing of the order, purporting to be one under section 456 of the Criminal Procedure Code.
1 Shri Nawal Kishore assailed the order of acquittal by filing criminal appeal in the High Court and the High Court in its turn allowed the appeal and reversed the order of acquittal passed by the learned Sessions Judge and companyvicted the appellant.
She further stated that she had met Anand Mayee who had permitted her to live in the house.
1, Shri Nawal Kishore as Secretary of the aforesaid Sangh served a numberice dated 13th November, 1973 on the appellant asking her to vacate the premises in dispute immediately, failing which a criminal action under section 448 of the Indian Penal Code would be taken against her as her further stay in the premises would be deemed to be in the nature of a criminal trespass.
Soli J. Sorabjee, R.K Jain, R.P. Singh and Natin Mohan Popli for the Appellant.
47A Jakhan in Dehra Dun was owned by one R.C. Sood.
R. Mridul, Praveen Kumar, A.K. Sharma and Dalveer Bhandari for the Respondent.
Premises Aranya Kutir bearing Municipal No.
The appellant in her statement under section 313, as well as in her statement as a witness D.W. 1 admitted the services of numberice on her but denied that any criminal action was called for.
The Judgment of the Court was delivered by MISRA J. The present appeal by special leave is directed against the judgment of the High Court of Judicature at Allahabad, dated 16th December, 1980, companyvicting the appellant under section 448 of the Indian Penal Code.
He executed a gift deed in favour of Shri Anand Mayee Sangh, Dehra Dun with the stipulation that the donor shall remain in possession of the premises during his life time and after his death his widow if alive would remain in possession.
The appellant, however, companytinued to live in the said house.
