SHAKUNTALA Vs. STATE

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent by Shrimati Shakuntia Negi is directed against the judgment of learned Single Judge whereby a criminal revision filed by the petitioner was dismissed.

(2.) Shrimati Chander Kanta Respondent 1s occupying the premises in dispute, situated in Rajouri Garden, New Delhi, as a tenant of the appellant for running a school called the Angels School Disputes arose between the parties and Shrimati Chandar Kanta filed a suit for injunction against the appellant. The suit was dismissed by the trial Court but on appeal the decision of the trial Court was reversed and a decree for Injunction was granted In favour of the tenant. On October 24, 1969, the husband of Chander Kanta made a report to the police that on the preceding night the appellant alongwith gome othter persons had trespassed into the premises in dispute by breaking open the locks and had removed some articles. The police registered a case under Section 448, Indian Penal Code, on the basis of that report. A report was also made by the police to Sub-Divisional Magistrate for initiating proceedings under Section 145, Criminal Procedure Code, on October 24,1969. The learned Magistrate passed a preliminary order under Section 145 of the Code and also directed that the property in dispute be attached Attachment of the property in dispute was thereafter effected. Affidavits were after that filed by the parties. The appellant then moved the Court of Session by means of a revision petition to quash the proceedings under Section 145, Criminal Procedure Code. Learned Additional Sessions Judge, as per order dated January 6, 1970, dismissed the revision petition. The appellant then came up in revision to this Court but her revision was dismissed by Rangarajan, J. as per judgment dated February 26, 1970. The present appeal is diracted against that judgment.

(3.) A preliminary objection has been raised by Mr. Shivcharan Singh on behalf of the conteiting respondent that no appeal under Clause 10 of the Letters Patent lies against the impugned judgment. This stand has been controvorted by Mr. Sharma on behalf of the appellant. Afterhearing the learned counsel for the parties we are of the view that the preliminary objection is well-found. Clause 10 of the Letters Patent of Lahore High Court, under which the appeal has been filed, reads as under :-