GOPAL DAS SINDHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal by special leave against the decision of the Assam High Court dismissing the appellants petition under section 439/561-A of the Code of Criminal Procedure read with Art. 227 of the Constitution.

(2.) The appellants alleged that they were tenants of respondents Rameshwar Lal Bazaz, owner of the premises in Holding No. 56 of Ward 6 of the Gauhati Municipal Board. A dispute had arisen between the appellants and respondents Rameshwar Lal Bazaz concerning this holding which led to criminal and civil proceedings. The civil suit filed by the respondent Rameshwar Lal Bazaz was Title Suit No. 21 of 1958, and the civil suit filed by the appellants was Title Suit No. 78 of 1957. One of the criminal proceedings was under S. 145, which was compromised on May 24, 1957, resulting in a Hath-chitha in favour of the appellants fixing a monthly rent of Rs. 125 for the first floor of the holding in question. The ground floor was already leased out to the appellants at Rs. 325 per month. By this compromise of May 24, 1957, the respondent Rameshwar Lal Bazaz has undertaken to erect a structure on the 1st floor. The total rent for the ground floor and the 1st floor was fixed at Rs. 450 per month. It appears, however, that in spite of the compromise there was trouble between the appellants and the respondent Rameshwar Lal Bazaz, resulting in a complaint being filed on August 3, 1957, before the Additional District Magistrate against the appellants under Ss. 147, 323, 342 and 484 of the Indian Penal Code. On September 2, 1957, at the instance of the respondent Rameshwar Lal Bazaz, a second proceeding under S. 145 of the Code of Criminal Procedure (case No. 232 of 1957) was started. Title Suit No. 21 of 1958, filed by the respondent Rameshwar Lal Bazaz, was, for ejectment of the appellants and Title Suit No. 78 of 1957, filed by the appellants, was for specific performance of the contract between them and the respondent Rameshwar Lal Bazaz and for executing a formal deed of tenancy. In this appeal we are not concerned with the proceedings under S. 145 (case No. 232 of 1957), which were dropped on April 9, 1958. Nor are we concerned with the Title Suit Nos. 78 of 1957 and 21 of 1958 filed by the appellants and respondent Rameshwar Lal Bazaz respectively. The criminal case with which we are concerned is G. R. Case No. 1403 of 1957 against the appellants for an offence alleged to have been committed by them under S. 448 of the Indian Penal Code.

(3.) As already stated, the respondent Rameshwar Lal Bazaz filed his complaint on August 3, 1957, before the Additional District Magistrate against the appellants for offences alleged to have been committed by them under Ss. 323 342 and 448 of the Indian Penal Code. On this complaint the Additional District Magistrate made the following endorsement: