Judgment :- S.T. RAMALINGAM, J. ( 1 ) THIS petition has been filed under Section 482 Cr. P. C. to call for the records in C. c. No. 7838 of 1988 pending on the file of the XIII Metropolitan Magistrate, Egmore, Madras-8 and to quash the proceedings, under the following circumstances:-The petitioner was a sitting M. L. A. on 28/1/1988 and was staying in Room No. 628 attached to the New M. L. A. Hostel, Mount Road, Madras. He belongs to the A. I. A. D. M. K. Party. The complainant Theertharaman was an M. L. A. belonging to the Congress Party. He was staying at Room No. 103. Another M. L. A. by name Mr. Kallan belonging to the Congress Party was staying in Room No. 107. At or about 2. 00 a. m. on 28/1/1988 while the complainant was staying along with Mr. Kallan, M. L. A. , at Room No. 107, it is alleged that the petitioner entered Room No. 107 intimidated the complainant by uttering the following words: If the counting of vote is hot favourable to us tomorrow, there would be serious consequences which have to be met. After uttering these words, the petitioner seems to have identified Theertharaman to a third party who has not been identified. ( 2 ) THEREAFTER, the complainant gave a written complaint on 27/1/1988 to the respondent herein. The Sub-Inspector of Police attached to the respondent-station registered the complaint as crime No. 28 of 1988 for offences punishable under Sections 448 and 506, Part II, I. P. C. After investigating the case, the respondent filed the charge-sheet ( 3 ) CHARGES were framed against the petitioner on the basis of the First Information Report for offences punishable under Sections 448 and 506, Part II of the Indian Penal Code. ( 4 ) THE petitioner denied the charges before the trial Court and has come forward with this petition before this Court for quashing the proceedings. ( 5 ) LEARNED counsel for the petitioner contended that, an the materials placed before the respondent herein, no ground has been made out to frame charges for offences under Sections 448 and 506, Part II of the Indian Penal Code, and hence the charges framed are liable to be quashed. ( 5 ) LEARNED counsel for the petitioner contended that, an the materials placed before the respondent herein, no ground has been made out to frame charges for offences under Sections 448 and 506, Part II of the Indian Penal Code, and hence the charges framed are liable to be quashed. ( 6 ) TO attract the provisions of Section 448 of the Indian Penal Code, the ingredients of Section 441 of the Indian Penal Code should be complied with. According to Section 41 of the Indian Penal Code, whoever enters into or upon the 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 is said to have committed criminal trespass. In room No. 107, another M. L. A. belonging to a different Party is residing and the petitioner is also an M. L. A. and there is no prohibition to enter room No. 107, nor the occupant of room No. 107 viz. Me. Kallan has complained about any criminal trespass. It looks as though that the complainant is only an invitee in room No. 107 and he cannot be said to be in possession of room No. 107. Since the persons involved in this drama are representatives of the people and each has to consult the other very often with reference to the affairs of the State, and in the absence of a complaint from the person, who is in actual possession of the room and from the facts stated in the First Information Report, it cannot be stated that the petitioner entered the room No. 107 with intent to commit an offence or to intimidate, insult or annoy the person in possession of Room No. 107. Once the ingredients of Section 441, I. P. C. are not made out, the provisions of Section 448 of the Indian Penal Code will not apply. ( 7 ) AS far as the offence punishable under Section 506, Part II of the Indian Penal Code is concerned, the threat alleged to have been made by the petitioner should be to cause death or grievous hurt or to cause destruction of any property by fire or to cause an offence punishable with imprisonment for life or with imprisonment for a term, which may extent to seven years or to impute unchastity to a woman. That is not the case here. From the words uttered by the petitioner as stated in the First Information Report, no offence punishable under Section 506, Part II of the Indian Penal Code is made out. As such, there is no basis for framing a charge under Section 506, Part II, I. P. C. also. ( 8 ) IN the result, this Criminal Miscellaneous Petition is allowed and the charges framed against the petitioner under Section 448 and under Section 506, Part II of the Indian Penal Code as well as the proceedings pursuant thereto, are quashed. Petition allowed.