NIRMAL KUMAR GHOSH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Chandra for the petitioner, Mr. Anil Kumar for opposite party No. 2 and Mr. Dubey on behalf of the State.

(2.) The petitioner has impugned the very initiation of the proceeding under Section 107 of the Code of Criminal Procedure (shortly Cr.P.C. ) against him on the ground that when the police report does not show any overt act by the petitioner, the proceeding could not have been initiated.

(3.) The facts of the case lie in a narrow compass: At the instance of opposite party No. 2 the police submitted a report requesting the Magistrate for drawing up a proceeding under Section 107 Cr.P.C. From the police report, as contained in Annexure 2, it appears that according to the opposite party No. 2 -Ist party, the petitioner -2nd party was his tenant in respect of a rented house. Whenever the petitioner was asked to pay rent, he refused to pay the same and on being asked to vacate the premises, he was always bent upon to assault. The statement of the petitioner before the police was that he was tenant under one Bhajan Singh Bhowra who resides in foreign country. The said premises was being looked after by one Darshan Singh Bhowra. In 1991 when his water and electricity connection were disconnected, he got it restored through Court in HRC case No. 25/91 and 35/91. He also stated that he deposited rent per month in the Court. His allegation was that opposite party No. 2 always insisted on him to vacate the premises and for that he used to harass him. The police, on enquiry, found that the petitioner is residing as tenant with his sister in the house concerned. The second party -petitioner wants to grab the house as because its owner is residing in foreign country. The first party -opposite party No. 2 purchased the said house in January, 1997 from Bhajan Singh Bhowrah and resides in the said house with his family member. As the condition of the house has become deteriorated, it requires repair. It was also found that the petitioner always files applications even though electric and water connections have not been disconnected. In this background the police was of the view that there was tension between the parties and, as such, requested the Magistrate to issue notice under Section 107 Cr.P.C. So that peace may be maintained.