WhetherCriminal Proceedings can be instituted in this case ?

Anjali Arya (Querist) 08 February 2010 This query is : Resolved
In our case the Licencee has been adjudged to vacate the property and handover the keys to the Licenser/ Owner.

But he has refused to do so.

Now the status of the Ex-Licencee has become of a Tresspasser.

1. Can we initiate criminal proceedings against him ?

2. Whether his family members can also be prosecuted in this Criminal case ?

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Parveen Kr. Aggarwal (Expert) 08 February 2010
Section 441 of the Indian Penal Code, 1860 defines 'Criminal Trespass' in the following words:

"Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property,
Or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence,

is said to commit "criminal trespass".

Going by the words of the provision, the ex-licencee is liable for commission of the offence of criminal trespass in case his unlawful continuance in possession of the property is with intent to intimidate, insult of annoy the person whose property he is occupying.