TAUKEER AHMAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By means of the present C482 application, the applicant has put to challenge the impugned judgment and order dtd. 6/9/2021 passed by the learned Additional Chief Judicial Magistrate, Haldwani, District Nainital, in Miscellaneous Criminal Case No. 316 of 2021 Taukeer Ahmad and Saurabh Agarwal, whereby, the application of applicant under Sec. 156(3) of Cr.P.C. was dismissed and judgment and order dtd. 13/1/2022 passed by the learned Second Additional Sessions Judge, Haldwani, District Haldwani in Criminal Revision No. 75 of 2021 Taukeer Vs. State and another, whereby, the said revision was dismissed by affirming the judgment and order dtd. 6/9/2021.

(3.) The facts in nutshell are that on 5/11/2017, the applicant had taken a plot of respondent No. 2 situated at Bareilly Road on a monthly rent of Rs.10,000.00; the applicant by incurring Rs.2,00,000.00 got constructed a Tin Shed over the said plot and started business under the name and style of Sakleni Fabrications; the respondent No. 2 increased the rent from Rs.10,000.00 to Rs.15,000.00; on 18/11/2019 respondent No. 2 forcibly and without assigning any cogent reason got locked the shop and stated that when the applicant will pay Rs.25,000.00 per month then only the keys of the shop will handed over to him; in the said shop various articles of fabrication, welding machine, generator, raw material etc. total worth of Rs.4,00,000.00 were lying; in the meantime, due to lockdown the market remained closed and after declaration of unlock, when he reached to the shop on 10/9/2020, he found all the said material worth Rs.4,00,000.00 misplaced from the shop and the said shop was given on rent to some other person. When the applicant asked the respondent No. 2 about his material, respondent No. 2 started abusing and assaulting the applicant and stated that no material of the applicant was lying in the shop and threatened him with dire consequences.