SURENDRA GUPTA Vs. BHAGWAN DEVI

JUDGEMENT

(1.) The only question that arises for consideration in this appeal is if the High Court was justified in dismissing the application filed under Section 482, Code of Criminal Procedure, (hereinafter referred to as 'Cr. P. C.') by the appellant against order directing to file complaint under Sections 200/202/295/167/34, Indian Penal Code on the ground that the impugned order was appealable under Section 341, Cr. P. C.

(2.) Proceedings for declaring vacancy under Section 12 of U. P. Buildings Act were initiated by the landlord against his tenant. They were decided in favour of the landlord. In appeal the order was set aside and the appropriate authority was directed to decide the application afresh. The tenant apart from pursing his remedy under the Act filed an application before the Additional District and Sessions Judge under Section 340, Cr. P. C. for filing complaint against the Rent Control and Eviction Officer, the landlord and other authorities. The application was dismissed on 17-2-77 as it was not pressed. It was further observed that even otherwise no prima facie case was made out. Later on the tenant moved another application. It was decided on 1-6-81 after decision of the appeal under the Rent Control Act. The order is extracted below:-

(3.) In the result this appeal succeeds and is allowed. The order of the High Court is set aside. The matter is remitted back to it for deciding the application under Section 482 afresh on merits in accordance with law.