Judgment S.S. HASAN, J.:-The petitioner has been convicted under section 427 & 447 to the Indian penal Code. The conviction is based on the fact that the petitioner is said to have constructed a cycle stand on a piece of land belonging to the Government in the vicinity of a circus without proper authorization or settlement by the Government. All notice and attempts to legalise the petition having failed, this criminal prosecution was lodged. 2. Question is short and the answer to be given is the shortest-whether. Section 447 and 427 I.P.C. will apply or not. The answer is in the negative. None of these two section apply in the facts of the instant case. Section 425 I.P.C. defines ‘mischief’ and the basic ingredients is that some damage to property must be caused. There is no such state of affairs. No damage was caused to anybody’s property while the cycle stand was being set up. On the prosecution story, therefore this section is not applicable. If section 427 is not applicable them Section 447 I.P.C. will also not apply in the instant case. It can only because of trespass is committed to commit the offence. No offence was committed and no loss could possibly be caused to the Government of Bihar If the petitioner had encroached, a proceeding under the appropriate Act, should have been initiated. I, therefore, hold that the conviction and the sentence imposed on the petitioner under these section are contrary to law and hence they as set abide. 3. In the result, this application is allowed and the conviction and sentence passed against the petitioner is set aside. I feel that some compensation for involving this petitioner in the criminal prosecution which was most unjustified, should be allowed to the petitioner. Application allowed.