AKAPATI BHASKAR PATRO Vs. TRINATH SAHU

JUDGEMENT

(1.) This Criminal Misc. Case filed under Section 482, Cr.P.C. is for setting aside the order dated 25-1-1994 passed by the Ist Additional Sessions Judge, Ganjam, Berhampur in Criminal Revision No. 75 of 1993 and for quashing the proceedings in I.C.C. No. 48 of 1992 pending before the S.D.J.M., Berhampur.

(2.) Undisputedly, the petitioner is a tenant and the opposite party No. 1 is the owner-landlord in respect of the premises in question which is under occupation of the petitioner. There was some dispute between the petitioner and the opposite party No. 1 which, probably, ultimately led to issuance of notice under Section 106 of the Transfer of Property Act determining the tenancy of the petitioner with effect from 31-5-1992 and asking him to vacate the premises on the said date failing which he would be treated as a trespasser.

(3.) As the premises in question was not vacated it led to filing of a complaint before the S.D.J.M., Berhampur for prosecuting the petitioner-tenant under Section 441, I.P.C. (Orissa Amendment). The learned S.D.J.M. being of the opinion that the dispute between the parties was purely a civil dispute, dismissed the complaint on 2-11-1992. The landlord went up in revision and the revisional Court relying on a judgment of this Court in M/s. Savani Transport Ltd. v. Kamaraju Bisoi, 1990 (3) OCR 569, being of the opinion that an offence under Section 441, IPC (Orissa Amendment) has been made out against the tenant, allowed the revision and remanded the matter to the S.D.J.M. to proceed with the trial in accordance with law. Aggrieved therewith, the petitioner-tenant has filed the present petition.