GOPAL DAS SINDHI AND ORS Vs. STATE OF ASSAM AND ANR

JUDGEMENT

(1.) This is an appeal by special leave against the decision of the Assam High Court dismissing the appellants' petition under Sec. 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 respondent 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 respondent 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 Sec. 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 0oor 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 had undertaken to erect a structure on the 1st floor.

(2.) 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 Aug. 3, 1957, before-the Additional District Magistrate against the appellants under Sections 147, 323, 342 and 448 of the Indian Penal Code. On Sept. 2, 1957, at the instance of the respondent Rameshwar Lal Bazaz, a second proceeding under Sec. 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 Sec. 145 case No. 232 of 1957, which were dropped on April 9, 1958., Nor are we concerned with the Title Suits 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 Sec. 448 of the Indian Penal Code.

(3.) As already stated, the respondent Rameshwar Lal Bazaz filed his complaint on Aug. 3, 1957, before the Additional District Magistrate against the appellants for offences alleged to have been committed by them under Sections 147 323 342 and 448 of the Indian Penal Code. On this complaint the Additional District Magistrate made the following endorsement: To Shri C. Thomas, Magistrate 1st Class for disposal. Mr. Thomas on receiving the complaint directed the Officer Incharge of Gauhati Police Station ''To register a case, investigate and if warranted submit charge-sheet by 23rd Aug., 1957.'' The police, after investigation, on Oct. 10, 1957, submitted a charge sheet against the appellants under Sec. 448 of the Indian Penal Code only to the Additional District Magistrate. On receiving the charge-sheet, the Additional District Magistrate on Oct. 23, 1957, recorded the following order in the order sheet of G. R. Case No. 1403 of 1957 State Vs. Gopal Das and two others: C.S. received against accused (1) Gopal Das (2) Bulchand (3) Khemchand under Sec. 448, I.P.C. who are on police bail. To Shri R. Goswami, Magistrate, for favour of disposal please.