(1.) Both the above-mentioned revision petitions are directed against order dated 2nd February 1983 of an Additional Sessions Judge discharging the respondents in a police case under Sections 193, 448, 463, 464,465 & 471, read with Section 120-B, Indian Penal Code (for short 'PIP').
(2.) The facts leading to these revision petitions in brief are that Miss Kamla Sen Gupta was the owner of property bearing No. A-5, Chitranjan Park, New Delhi. Dr. Ved Vrat-respondent No. I was her tenant in respect of the ground floor of the said property. Miss Kamla Sen Gupta died intestate on 18th December, 1977 leaving behind her brother Arun Kumar Sen Gupta, who was a lunatic and has since died, and four sisters, namely, Smt. Bina Gupta, Smt. Kalyani Sen. Smt. Lalita Ray and Smt. Bani Roy. None of the legal heirs of the deceased was living with her at the time of her death and they were all residing in Calcutta excepting Smt. Bani Roy, who was then living in North Carolina, U.S.A.
(3.) On 19th February 1980, the petitioner-A.M. Chakraborty who was holding a power of attorney from all the above-mentioned heirs of the deceased, lodged a complaint at Police Station Kalkaji that in the absence of the owners of the properly in question he was looking after the same and the first floor of the house had been put under lock and key which had been handed over to him by one of the heirs. He had been visiting the property in question from time to time and although he had suspected that some unauthorised use was being made of the first floor by some persons, he used the find the same under lock and key whenever he went there. However, when he visited the premises in question on 17th February 1980 which was Sunday, he found that the lock of the first floor was missing. He was told by the occupants of the ground floor that they had taken the first floor on rent. However, when asked to disclose the name of the person from whom they had taken the first floor also to produce evidence, if any, in respect of the same, Shri Chakraborty was flatly told that it was none of his business and that the necessary information would be available at the police station. He further alleged that the unauthorised occupants of the first floor were the tenants of the ground floor against whom he had filed a suit for eviction on the ground of non-payment of rent and the same was pending in the court of an Additional Rent Controller. He asserted that Dr. Ved Vrat and his wife (Dr. (Mrs.) Prem Lata-respondent No. 2) were tenants only in respect of the ground floor and there was no question of their having taken on rent the first floor of the premises, as alleged. A case under Section 448 Indian Penal Code being FIR No. 284/80 was registered against respondents 1 & 2 on the basis of that complaint.