HARI KISHAN GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under section 482 Cr. P. C. against the order passed by the Magistrate and upheld by the sessions Court dated 9. 12. 1985 and 2. 5. 1985 in criminal case of 84 of 1984.

(2.) THE dispute between the parties i. e. the petitioner Dr. Hari Kishan Gupta and his wife Smt. Pramod Rani on the one hand and Riskant Chaturvedi respondent on the other hand relate to the strained relationship between alleged land lord and tenant. THE petitioners are not prepared to treat Chaturvedi as tenant and they alleged that he was family guest in the residential premises in 'c' Scheme Jaipur and wanted the apartment to be returned. Since Chaturvedi was not prepared to vacate the premises there were two civil suits, one by Chaturvedi for restraining Mr. Gupta and Mrs. Gupta from evicting him and other one by Mr. Gupta against Chaturvedi for possession from Chaturvedi.

(3.) BOTH the learned Magistrate and Sessions Judge took the view that true it is that there was delay and it was prima facie time barred according to the provisions of section 468 Cr. P. C. because the maximum period could have been one year and the offence was punishable was not more than one years, but as it was on account of latches or inaction of the court no body should be asked or allowed to suffer and therefore the delay should be deemed to be condoned.