VIJAY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure (hereinafter refered to as (the Code') for quashing the FIR No. 56 dt. 2-5-1993, registered at Police Station Kotwali Bathinda, for the offences under Sections 147/427/448/149/380/506 of the Indian Penal Code (Annexure P-2) along with all subsequent proceedings arising therefrom including the charge sheet (Annexure P-3) the order framing charge dated 3-12-93 (Annexure P-4) and the charge-sheet (Annexure P-5).

(2.) The facts necessary for the disposal of this petition can be gathered from the order dated 3-12-1993 (Annexure P-4), passed by the Additional Sessions Judge, Bathinda. M/s. Khimji Visram and Sons is in occupation of first and second storeys of building No. 4552 situated in Dhobi Barzar Bathinda, as a tenant for the last 35-40 years on a monthly rent of Rs. 500/-. The landlord filed an ejectment application which was dismissed by the Rent Controller. The landlord succeeded in appeal and an order of ejectment was passed. In Civil Revision No. 1891 of 1992 filed by the tenant-Firm, execution of ejectment order was stayed subject to the deposit of entire arrears of rent then due within one month from the date of order dated 24-7-1992, with the further order that the tenant would continue praying monthly rent by the 10th of every month, and in case of default the interim stay granted would be deemed to have been vacated. According to the tenant-Firm, it deposited the arrears of rent and also continued paying the monthly rent as directed.

(3.) On 8-4-1993 the landlord filed an execution application alleging therein that the tenant had failed to pay or deposit the rent as per directions of the High Court and as such the interim stay stood automatically vacated. After obtaining office report, the Executing Court issued warrants of possession on 8-4-1993 itself. When the Bailiff went to the spot for the execution of the warrants, stay order was shown to him and the Bailiff made a report on the warrants and left the place.