O P CHAUDHARY Vs. UDAY BHAN SINGH

JUDGEMENT

(1.) THE petitioner seeks quashment of Criminal Case No. 2519/2001, pending in the Court of Vijay Chandra, J. M. F. C. , Bhopal, which is stated to be Criminal Case No. 1539/2001 in petition. In this petition dated 16th of October, 2001, the petitioner further seeks the relief of setting aside the order, in framing the charge against this petitioner, for offence punishable under Section 409 of the IPC. It is not being disputed that by notification issued by Ministry of Home, Govt. of M. P,, which is dated 25th of October, 1994, the petitioner was appointed as Eviction Officer in Directorate of Estates. This notification is marked as Annexure B. Then by letter dated 9th of October, 95 under Secretary, Dept. of Home, made a request to Director, Directorate of Estate, Bhopal for getting Govt. Residence of F- 93/33 vacated, which was in possession of retired Principal Shri U. V. Singh, who is non-applicant No. 1 in this petition. This letter is marked as Annexure C. The aforesaid request is found repeated in memo marked as Annexure D, which is dated 27th of June, 95 and is, marked to the petitioner. On receipt of Annexure D eviction case is noted to have been registered in respect of Govt. accommodation which was in possession of non-applicant No. 1. Thereafter, non-applicant No. 1 is noted to have been served with eviction notice under Section 5 of M. P. Public Premises Eviction of 1981, which is marked as Annexure E. Then under Secretary, Dept. of Home sought a report from Director, Directorate of Estates, Bhopal by letter dated 9th of October, 95, which is marked as Annexure F, as to why the Govt. Accommodation bearing No. F-93/33 could not be vacated so far.

(2.) THEREAFTER, a public notice Annexure G is found to have been given by the petitioner, informing that on 28th of October, 95, the Govt. Accommodation bearing No. F-93/33 situated in Tulsi Nagar, which was under unauthorised occupation of non-applicant No. 1 is locked and sealed and hence the breaking open of the lock so also the seal would be an offence. On 3rd of November, 95 the aforesaid Govt. Accommodation is recorded to have been vacated by non-applicant No. 1, in the presence of this petitioner and the panch witnesses, as per Panchnama which is marked as Annexure H. This Govt. Accommodation is stated to have been taken in possession of P. W. D. in this Panchnama Annexure H, the fact of getting the aforesaid Govt. Accommodation bearing No. F-93/33, situated in Tulsi Nagar vacated by this petitioner, is found recorded in Roznamcha dated 4th November, 95 of P. S. T. T. Nagar, Bhopal, the photo-copy of which is on record.

(3.) NON-APPLICANT No. 1 is found to have submitted his grievances in writing to C. S. P. T. T. Nagar, Bhopal which stood disallowed as is found informed by C. S. P. to Addl. S. P. vide letter dated 6th of December, 96. The photo-copy of this letter is marked as Annexure M. The perusal of photo-copy of order dated 11th of December, 95 passed by J. M. F. C. Bhopal on application filed by non-applicant No. 1, reveals that non-applicant No. 1 sought an order from the Court for getting a crime registered against this petitioner in connection with eviction proceedings and then to proceed with the investigation, but the prayer was disallowed by the learned J. M. F. C. The aforesaid order was unsuccessfully challenged by non-applicant No. 1 in Cr. R. No. 1/96 which was disposed of by Sessions Judge, Bhopal on 9th of April, 96, The orders passed by learned J. M. F. C. and Sessions Judge, are marked as Annexures N and O respectively.