P K DATTA CHAUDHARY Vs. STATE

JUDGEMENT

(1.) Shri P.K. Datta Chaudhary petitioner has by way of this petition under Section 482 of the Code of Criminal Procedure (hereinafter to be referred to as the Code) prayed for the quashing of the orders passed by the Sub Divisional Magistrate, respondent No. 2 in respect of the premises bearing No. B-322, Chitranjan Park, New Delhi thereby proceedings under Section 145 of the Code were started and the premites were sealed.

(2.) It would be necessary to give some details of the facts leading to the filing of this petition.

(3.) On 8th August, 1983 Ranjit Bose respondent No. 3 herein filed an application under Sections 145/146 of the Code in the court of the SDM New Delhi. It was, inter alia stated by him that be bad been inlawful possession of the entire ground floor of House No. B-322, Chitranjan Park, New Delhi as a tenant of the respondent-landlord. It was further stated that since January 1983 the landlord was putting pressure on him to vacate the premises or to face dire Consequences. The petitioner went on to state that on 3rd February, 1983 an attempt was made by the respondent to dispossess him on which he lodged a report with the police while on 31st March 1983 the respondent locked the back door of the premises thereby causing inconvenience to him. A threat was also given that he would be dispossessed regarding which a report was lodged with the police. He had also pleaded that on 10th June, 1983 the respondent with the help of others took key of the premises from his servant Sue Kumar and by taking forcible possession threw away furniture and other house-house-hold goods as a result of which FIR 616/83, under Sections 448/34 Indian Penal Code was registered. He bad also claimed that proceedings under Sections 197/151 of the Code were initiated by the police against both the partics over the disputed premises and that the respondent and his men were bent upon to dispossess the applicant from the whole of his house who had already taken possession of one room. A prayer was, thus made for taking proceedings under Sections 145/146 of the Code.