I need to understand a law point.
Background: The accused has entered into an agreement to sell and was given the possession vide affidavits given by the complainant.
The deal turned bad as the complainant had not disclosed of the mortgage on the property. The money was never returned and the registry was also not possible. In the meantime the accused who had been given possession carried out demolition of the building.
The complainant got the case registered pleading non handing over of possession. The accused was charged only u/s 461 of IPC
Question : Can an accused be charged with section 461 alone which is related to dishonestly breaking open receptacle containing property.
Reasoning:
1. Is house a receptacle ?
2. With no other charges of theft, trespass, etc does 461 alone hold significance
3. Is demolition of property equivalent to dishonestly breaking open
Other Facts
a) The complainant has already been convicted for fraud u/s 420 for not declaring mortgage
b) Some courts have accepted possession of the accused, where some have disputed. (as number of cases on this matter are pending with different civil and criminal courts)
I would appreciate if someone can explain and also cite reference to any case law.
