RAM CHANDRA MAURIYA Vs. STATE OF U P

JUDGEMENT

(1.) B. S. Chauhan, J. This criminal writ petition has been filed for issuing a direction to the respondent No. 6 to lodge and register the FIR of the petitioner under Section 154 (1) Cr. P. C. and to investigate the matter and to restore the possession of the premises in dispute, alongwith books, general files and stationeries etc.

(2.) THE petitioner, in person, an Advocate of this Court has submitted that he came into possession of two rooms, kitchen, latrine and bathroom in the first floor of House No. 28-D/1, Khalasi Line, Kydganj, Allahabad by an oral agreement of tenancy at the rate of Rs. 200 per month as rent in December, 1999. He asked for the issuance of the rent receipt in December 2000 for the first time, but the landlady- respondent No. 8 refused to issue the same, however he regularly paid the rent every month. In the month of December 2002 the landlady-respondent No. 8 stopped receiving the rent. Thus the petitioner approached the Civil Court by filling application under Section 30 (1) of the U. P. Act No. 13 of 1972, wherein the rent was deposited upto April 2003. In spite of paying the rent regularly, he has forcibly been dispossessed by the landlady-respondent No. 8 in collusion with the police authorities on 29th May, 2003. Petitioner tried his best to get the FIR lodged, but in vain. Hence, this petition for aforesaid reliefs.

(3.) IT is further submitted that petitioner has been guilty for concealing the material fact as he had filed a Writ Petition No. 1346 of 2003 earlier alleging that he was apprehending danger to his life from landlady for seeking police protection. This Court dismissed the said writ petition vide order dated 1st April, 2003, doubting the bona fides of the petitioner and holding that the writ petition was a rogue not to pay the rent and a misuse of his robes of being an Advocate.