ABDUL KHALIQUE Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE present application under Section 482 Cr.P.C. has been filed by the petitioner -Sk. Abdul Khalique seeking to challenge an order dated 29.02.2000 passed by the learned J.M.F.C., Balasore refusing to take cognizance and dismissing a complaint case filed by the petitioner in 1.C.C. Case No.428 of 1998 as well as the affirmation of the said order by the learned District & Sessions Judge, Balasore in Criminal Revision No.31 of 2002, who by order dated 25.11.2002 confirmed the order passed by the learned J.M.F.C., Balasore and rejected the revision.

(2.) THE claim raised by the present petitioner is that he had instituted a complaint case before the S.D.J.M., Balasore which was registered as 1.C.C. Case No.428 of 1998 seeking prosecution of one Sukanta Kumar Dey (opposite party No.2) for commission of offences under Sections 441 and 448 I.P.C. The petitioner's claim is that, he is the absolute owner of the property appertaining to Plot No.349, Khata No.71 in mouza Bhaskarganj having a shop room over the same and that opposite party No.2 had been inducted as a monthly tenant in respect of the said shop room since 01.05.1997 on monthly rent of Rs.825/ - for a period of one year. The complainant -petitioner stated that the accused did not pay the monthly rent as agreed and became a defaulter and thus made him liable for eviction. It is further submitted that the complainant issued a termination notice on 01.09.1998 through registered post and since the accused did not vacate the shop room in question, the accused become a trespasser in respect of the shop room.

(3.) MR . Mishra, the learned counsel appearing for the petitioner asserts that the learned J.M.F.C., Balsore as well as the learned District and Sessions Judge, Balasore have committed errors of law in making a robin inquiry to find out the truth without limiting itself to the nature of the allegation contained in the complaint.