ANTHONY DSOUZA Vs. RADHABAI BRIJ RATAN MOHATTA

JUDGEMENT

(1.) This case illustrates how the complaint himself is responsible for prosecuting his own complaint in a dilatory manner causing sufficient delay in the progress of the trial. It also smacks of abuse of process, in that, many adjournment applications have been given and Judicial charity has been abused for the appeared ends of justice.

(2.) One Anthony DSouza is the original complainant, who filed a complaint bearing no. 15/S of 1982 in the Court of Metropolitan Magistrate, 14th Court, Girgaon, Bombay, charging the four accused for the commission of offence of wrongful restraint under section 341, criminal intimidation under section 506 (2) and abuses under section 504 of the Indian Penal Code read with section 114. A similar complaint by another person is also field before the learned Magistrate bearing No. 14/S of 1982. These complaints were filed on or about 30th March, 1982.

(3.) The complainant alleges that the four accused are the owners of Madhurima sweet Meat a shop situate at 77, Napean Sea Road, Bombay. The complainant is a lawful tenant of a portion of the said shop consisting of 150 sq. area is in independent occupation. He claims to be a tenant of the accused and alleges that he is paying Rs. 400/- per month as rent to the accused. It is said that is conducting a business in the name and style of A. DSouza Gents Tailoring in the said premises at 77, Napean Sea Road, Bombay. He claims to be in exclusive possession of the said shop, which was let out to him by the accused No. 1 with the knowledge of accused No. 2.