@JUDGMENTTAG-ORDER
Hari Swarup, J.@mdashThese three references have been made with the recommendation that the conviction of the applicants in each of the three
references u/s 447, I. P.C. and the Sentence of fine of Rs. 50/- awarded for the offence be quashed.
2. Three complaints had been filed by the Assistant Engineer P.W. D. on the allegation that the accused in each case was in unauthorised
possession of the proper in dispute and in spite of the notice served upon him, had not withdrawn from the property. The learned Magistrate
without recording any finding about service of The notice contemplated by Section 441, I. P.C. convicted the accused on the finding that the land
belonged to the P.W. D. and had been encroached upon by the accused.
3. The learned III Additional District and Sessions Judge ^m examining the evidence came to the conclusion that the notice was not proved to have
been served on the accused- Learned Government Advocate has referred to the evidence in the case and has pointed out that there is evidence to
the effect that the notice had been sent. Sending of notice is, however, not sufficient Section 441, I. P.C. provides for a civil trespass getting
converted into criminal trespass on the service of the notice on the trespasser to vacate the property. There is no evidence to show that the notice
issued under S, 441, I. P. C by the complainant had been served on the accused. Unless the notice had been served the civil trespass could not get
converted into a criminal transposes. A fortiori the accused could not be convicted u/s 447, I. P.C.
4. In the result the references are accepted, the order of the learned Magistrate convicting the accused u/s 447, I. P.C. and sentencing him to pay
fine of Rs. 50/- each are quashed.