SHIV LAL Vs. UNION TERRITORY CHANDIGARH

JUDGEMENT

(1.) IN this writ petition, the prayer of the petitioner is to direct respondents 1 to 3 to lodge FIR against respondent No. 4 and that investigation of the said FIR be handed over to an official not below the rank of Superintendent of Police.

(2.) THE petitioner contends that he let Shiv Oil and General Mills, Chandigarh to respondent No. 4 through a Licence Agreement. The monthly rent was Rs. 23,000/- inclusive of installed machinery. The price of the machinery was Rs. 5 lacs, which has now gone upto more than Rs. 25 lacs. Respondent No. 4 did not pay the rent and other dues such as electricity and water charges etc. and, therefore, the petitioner had filed an ejectment application before the Court of Rent Controller, Chandigarh. Respondent No. 4 wants to disappear from the scene without paying any penny and, therefore, respondent No. 4 got the machinery parts removed and was in the process of selling the same as scrap. The petitioner immediately rang up the police control room. The police party was deputed and they reached the factory premises. At that time, a three-wheeler tempo was leaving the factory premises loaded with several machinery parts. The police party chased the tempo and brought it back to the factory premises where machinery parts were unloaded.

(3.) RESPONDENT No. 3 has filed the written statement. He has stated that the case is of a civil nature and no offence was found to have been made out. Respondent No. 4 contends that he is not in possession of the factory because of dissolution of partnership and he is not liable for any machinery and he has denied the contentions made in the petition.