STATE DELHI ADMN Vs. DELHI STATE OF ADM

JUDGEMENT

(1.) In a complaint case the petitioner was found guilty of an offence under section 448 of the Indian Penal Code by Mr. S.M. Chopra, Metropolitan Magistrate, New Delhi vide his order dated 2nd July, 1981 and was sentenced to payment of fine of Rs. 1,000/-. In default of payment it was directed that the petitioner shall undergo simple imprisonment for a period of three months. It was also directed that out of the fine realised a sum of Rs. 750/- shall be paid to the complainant. The learned Magistrate passed further direction for the restoration of the possession of the shop from which the complainant was found to have been dispossessed by the petitioner.

(2.) A brief reference to the facts of the case reveals that the complainant was allegedly inducted as a tenant by the petitioner at a monthly rent of Rs. 100/-, in respect of his shop 9-C, Pushpa Market, Lajpat Nagar, New Delhi in pursuance of rent-deed purported to have been executed by the petitioner in his favour on 1.1.1975. According to the allegations made in the complaint it was stated that on the night intervening 13, 14.2.77 the accused-petitioner had taken forcible possession of the shop by throwing away suit-cases and other things belonging to the complainant from the aforesaid shop and also by pushing out one Ram Dhan, an employee of the complain ant out of the shop. The complainant states that the police failed to take any action as a result of which he was obliged to take recourse to the filing of complainant.

(3.) Broadly speaking the finding of the learned Magistrate is that the complainant has proved the petitioner guilty of an offence committed under Section 448 Indian Penal Code. This finding was endorsed by Shri R.P. Gupta, AddI. Sessions Judge, New Delhi on 18.12.82. After accepting the finding of facts on the point of guilt he had however modified the sentence and reduced the fine to Rs. 500/- but maintained that the possession of the shop shall be delivered to the complainant. Aggrieved by this order the petitioner filed this revision petition under section 397 Criminal Procedure Code.