Code of Criminal Procedure, 1973–Secs. 254, 190 & 379/401–Trial of summon case–Application u/s. 190 Cr.P.C. is not maintainable in summon cases–Further, when the substance of the accusation is explained to the accused then the order is not revisable–The remedy in such a situation is to file the petition u/s. 482.
Penal Code, 1860–Sec. 427–Cognizance for the offence–Petitioner was discharged from the offence u/s. 447 as the possession of parties was joint possession–However, in such a situation, the offence u/s. 427 can be made out–When it is alleged that the certain possession of one of the co-sharer is exclusive and anything is removed from the possession, the offence of theft is made out–Similarly, destruction or damage to any property is certain mischief– Therefore, discharge from the offence u/s. 447 is not helpful for the petitioner–Interference declined
