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 certainly mischief–Therefore, discharge from the offence u/s. 447 is not helpful for the petitioner–Interference declined.
