MADHAVLAL NARAYANLAL PITTIE Vs. CHANDRASHEKAR CHATURVEDI

JUDGEMENT

(1.) This revision application is filed by the original applicant against the order of learned Additional Chief Metropolitan Magistrate, 2nd Court, Mazagaon, Bombay, passing an order adverse to the applicant in a proceeding under section 145 of the Criminal Procedure Code, which was commenced by him.

(2.) The facts giving rise to this revision application are briefly these :

(3.) In support of the applicants case, as observed in para 3 of the judgment of the learned Magistrate, 16 affidavits were filed 12 out of these were of the neighbours residing in the same building, who supported the applicants contention that the two rooms were lying vacant since October 1973 and were under the lock and key till the respondents trespassed into them on 7-8-1973 at about 2.30 a.m. by breaking open the lock. The applicant also filed 4 affidavits of the persons residing at Jogeshwari in support of his contention that till the trespass complained of, for about two years the respondents 1 to 3 were in fact residing at Jogeshwari in a hut belonging to one Mrs. Randevi Verma. These affidavits included the affidavit of the said Mrs. Verma also who is the sister of the Rent Collector of the applicant. As against that, as observed in para 3 of the judgment of the learned Magistrate, the respondents filed 13 affidavits including 3 filed by the respondent and these affidavits supported the claim of the respondent No. 1. The respondent No. 1 also produced the ration card issued in July 1970, the bank pass-book issued by the Bank of India and the electoral roll of 1971 and correspondence.