KEDAR NATH SHAW Vs. NARMA DEVI

JUDGEMENT

(1.) This revisional application is directed against an order of the learned Additional Sessions Judge, 14th Court, Alipore in Criminal Appeal No. 77A of 1981, whereby an order of the learned Executive Magistrate, Sealdah in M.Case No. 123 of 1980 under section 107 Criminal Procedure Code was set aside.

(2.) The petitioner-first party filed a petition on 28.1.80 under section 170 Cr. P.C. in the court of the Executive Magistrate, Sealdah on the allegation that the opposite party No. 1, Smt. Narma Devi, was a tenant in respect of one room under the petitioner at premises No. 23/14, Conspire Road, P.S. Cossipore at a rent of Rs. 30/- per month. At about 10-45 on 23.1.1980, the opposite party No. 2, one mr. Dogra was found inside the room of Narma Devi who was a widow, when that room, which was chained from outside, was opened. It was alleged that the opposite party. No. did not care for her dignity and used to bring various types of persons in her room, causing disturbance to the other female folk in the house. After the filing of that application, the Officer in-Charge of Cossipore Police Station was directed to enquire and report by 23.2.80. On 29.4.80, the learned Magistrate drew up a proceeding under section 107 of the Code against both the opposite parties (Narma Devi and M. Dogra) and directed them to appear on 26.5.80 for showing cause as to why they should not be asked to execute a bond of Rs. 500/- each with a surety of like amount to maintain peace for a period of six months . The opposite party No. 1 entered appearance on 26.5.80 and showed cause on 23.7.80.

(3.) The case of the opposite party No. 1 was that the petitioner being unable to evict the opposite party No. 1 from the house, started the proceeding under section 107 of the Code. The opposite party No. 2 did not enter appearance. The case against him was dropped by an order dated 16. 12.80. On the basis of the prayer of the petitioner by an application on 20.1.81. for extending the period of enquiry on the ground of inability of the petitioner to complete his witnesses within the statutory period of limitation, the learned Magistrate extended the period of enquiry up to 30.4. 81 by an order dated 20.1.81. The examination of witnesses was completed by 10.4.81. The case was fixed for hearing arguments on 27.4.81. Subsequently, on 9.6.81, the learned Magistrate directed the opposite party No. 1 to execute a bond of Rs. 500/- for keeping peace for a period of six months from the date on which such bond would be executed.