PADMANABH KESHAV KAMAT Vs. ANUP R KANTAK

JUDGEMENT

(1.) THE petitioner has filed this revision application under section 397 of the Criminal Procedure Code, and invoked the revisional jurisdiction of this Court for setting aside the Order dated 15th April, 1998, passed by the Judicial Magistrate, First Class, Panaji in Criminal Miscellaneous Application No. 64/97-B. The said Order was passed on an application filed by respondent No. 1 herein under section 457 of the Criminal Procedure Code, and the learned Magistrate allowed the application directing the petitioner to handover possession of the disputed premises to the respondent No. 1. Feeling aggrieved thereby, the petitioner has filed this revision application directly to this Court.

(2.) THE facts giving rise to the dispute between the parties may be briefly stated, as under:---

(3.) RESPONDENT No. 1 alleged that thereafter the petitioner filed a false complaint against him in the Panaji Police Station alleging that he was in possession of the shop premises and that respondent No. 1 was obstructing him in the enjoyment thereof. On the basis of the said complaint, the Panaji Police registered a cognizable case under section 341 of the Indian Penal Code, against respondent No. 1. It is alleged that thereafter on the night of 3rd September, 1997, the Police Officers, without any notice to respondent No. 1, went to the said shops and started breaking open the locks of the shutter. Respondent No. 1, on coming to know about this, immediately informed the Police Officers that he was in possession of the shops and that the keys of the locks were with him. It appears that respondent No. 1 went to the shops and thereafter the police opened the locks by means of the keys which respondent No. 1 produced before them. However, thereafter, the police appear to have put their own locks and handed over possession of the shops to the petitioner. Respondent No. 1 challenged this action on the part of the officers of the Panaji Police Station and filed an application under section 457 Criminal Procedure Code in the Court of the Judicial Magistrate, First Class, Panaji on 4th September, 1997, praying for a direction to the Panaji Police to hand over possession and keys of the shops to him.