SITA RAM Vs. EXECUTIVE ENGINEER, CPWD

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India is directed against the order dated 23.6.2004 passed by the learned Additional Sessions Judge (Fast Track Court), Shimla whereby the revision petition preferred by the petitioner against the order dated 15.3.2003 passed by the Sub Divisional Magistrate (Urban), Shimla ordering filing of the application of the petitioner under Section 145 of] the Code of Criminal Procedure (hereinafter referred to as the Code) vide order dated 15.3.2003 has been dismissed.

(2.) Brief facts leading to the filing of the present petition are that the petitioner filed an application under Section 145 of the Code before the learned Sub Divisional Magistrate (Urban), Shimla averring therein that he had been in settled possession of Quarter No. 37, Type -I, CPWD Quarters, Longwood for the last 16 -17 years but had been forcibly dispossessed from the said quarter by Junior Engineer on 9.1.2003 and that the dispossession was without due process of law. It is also averred that at the time of taking of forcible possession the petitioner was threatened with dire consequences. He had gone to the police to get a report lodged but the same was not registered instead he was threatened to be arrested for the commission of offence punishable under Sections 448, 453 and 457 IPC and he had to apply for anticipatory bail. Hence, the application.

(3.) The learned Sub Divisional Magistrate sent the application to S.H.O. concerned for report. As per the police report, the application filed by the petitioner was found baseless. On perusal of the report the learned Sub Divisional Magistrate ordered the application to be filed.