RAGHUNATH NAIK Vs. SARBESWAR MOHANTY

JUDGEMENT

(1.) The opposite party is the Executive Officer of Mastram Math, Mansihgh Patna. Cuttack. The petitioner is a tenant in respect of a house belonging to the aforesaid Math. The opposite party initiated H. R C. Case No. 36 of 1984 Under Section 7 of the Orisse House Rent Control Act, 1967 ('Act' for short) for eviction of the petitioner therefrom. The matter is now pending in the appellate Court. On 22. 3. 1985 the petitioner without the permission of the landlord or the House Rent Controller thatched the house despite protests. Therefore, the opposite party filed a complaint petition against the petitioner for violation of Section 10 which is punishable Under Section 17 of the Act. Cognisance of the offence was taken on 29.3.1985. On 29. 4. 1985 the petitioner filed a petition stating that the alleged offence Under Section 17 of the Act shall be enquired into or tried by the House Rent Controller and not by the Subdivisional Judicial Magistrate, because, the Code of Criminal Procedure ('Code' for short) is not applicable to the case. Therefore, the criminal proceeding is liable to be dropped. The learned Subdivisional Judicial Magistrate after hearing both parties held that the offence Under Section 17 of the Act shall be tried according to the provisions of the Code. So he rejected, the petition by the impugned order against which the present criminal revision has been filed.

(2.) THE only question which falls for consideration is whether the offence Under Section 17 of the Act shall be enquired into or tried by the House Rent Controller or by a Judicial Magistrate according to the provisions laid down in the Code. - -

(3.) IN Section 17 of the Act, the word 'offence' has been used which has not been defined in Section 2 of the Act. Therefore, the word 'offence' occurring therein shall receive the meaning according to its definition in Section 2(n) of the, Code which means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made Under Section 20 of the Cattle Trespass Act. The definition of 'offence' thus shows that any act or omission made punishable by any law for the time being in force is an offence. The Orissa House Rent Control Act provides penalty for offences under the Act or any Rules or Orders made thereunder in Section 17 thereof. Thus, an offence under the Act is an 'offence' within the meaning of Section 2(n) of the Code.