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TMI Blog1982 (1) TMI 203X X X X Extracts X X X X X X X X Extracts X X X X ..... in Section 15(1) of the Rent Act, Maharaj Singh also gave intimation of the vacancy to the District Magistrate on January 5, 1978. The Rent Control Inspector made a report on January 7, 1978 that the premises was found locked at the time of his inspection. Amongst others appellant Chandrapal Singh also moved the Rent Control Officer, the delegate of the District Magistrate, for allotment of the premises to him because he was occupying adjacent premises bearing No. 385/1. The proceedings for allotment ended in favour of present appellant Chandrapal Singh on October 22, 1978. Maharaj Singh and his father Dhiraj Singh preferred R.C.R, No. 58/78 before the District Judge, Bulandshahr impleading present appellant 1 Chandrapal Singh being the allottee of the premises. The Fourth Addl. District Judge before whom the matter came up for hearing confirmed the order of allotment but set aside the finding of the Rent Control Officer about the rent of the premises as well as observations about the ownership of the premises. The net result was that the order of allotment in favour of appellant 1 became final. 3. Maharaj Singh son of the landlord filed a criminal complaint in the Court of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Secunderabad, took cognizance of the offences and issued process summoning the appellants to appear before him to answer charges under Sections 193, 199 and 201 of the Indian Penal Code. 5. The appellants appeared before the learned Chief Judicial Magistrate and moved an application that the complaint filed by Maharaj Singh was incompetent and the Court could not take cognizance of the offences mentioned therein in view of the provision contained in Section 195(1)(b)(i), Cr. P.C., 1973 in the absence of a complaint by the Court before which the offences were alleged to have been committed. The learned Magistrate rejected the application by his order dated August 4, 1980. Thereupon the appellants moved the High Court of Judicature at Allahabad under Section 482, Cr. P.C. invoking the inherent powers of the Court to quash the proceedings, as it constituted an abuse of the process of law. It was contended 15 before the High Court that Section 195(1)(b)(i) Cr. P.C. is attracted and, therefore, the learned Judicial Magistrate was in error in taking cognizance of the offences in the absence of a complaint in writing of the Court before which the offences were alleged to have been com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rent Act provides that the District Magistrate, the prescribed authority or any appellate authority shall for the purposes of holding any inquiry or hearing any appeal under Sub-section (2) is important and may be extracted: The District Magistrate, the prescribed authority or appellate authority, while holding an inquiry or hearing an appeal under this Act, shall be deemed to be a Civil Court within the meaning of Section, 480 and 482 of the Code of Court with in the meaning of Section 480 and 482 of the CrPC, 1898 and any meaning of Section 193 and 228 of Indian Penal Code. 9. Section 15(1) of the Rent Act casts an obligation on the landlord to give an intimation of a vacancy in a building in the circumstances mentioned therein to the District Magistrate. There is a similar obligation under Sub-section (2) of Section 15 on the tenant vacating the premises The expression District Magistrate has been defined Section 3(c) to include an officer authorised by the District Magistrate to exercise, perform and discharge all or any of his powers, functions and duties under the Act. Rent Control Officer is one such officer who is authorised by the District Magistrate to exercise per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nded in the expression 'Court' If fake evidence in the form of affidavits filed by the appellants was given before Rent Control Officer, a civil court for the purpose of Section 193 I.P.C. that being a judicial proceeding Section 195(1)(b)(i) would be attracted. For the purposes of Section 195(1)(b)(i) a complaint by the Court is a pre-condition for taking cognizance of such offence by any criminal court. If this pre-condition is not satisfied the Court will have no jurisdiction to take cognizance. Therefore, apart from the two other offences, namely, one under Section 199 and another under Section 201, the learned Chief Judicial Magistrate, Secunderabad, had no jurisdiction to take cognizance of the offence under Section 193, I.P.C. in the circumstances hereinbefore discussed on the complaint of the complainant. The High Court unfortunately completely overlooked this position. Therefore, at least a part of the complaint is liable to be quashed. 10. As deeming fiction enacted in Sub-section (2) of Section 34 is limited in its operation to Sections 193 and 228 I.P.C. only, it was urged on behalf of the respondent that a complaint by the Court was not necessary at any rat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the size of the family of Chandrapal Singh and after comparing requirements of rival claimants, ultimately held that Chandrapal Singh was entitled to the allotment of the premises vacated by Jai Prakash Nagar. In reaching this conclusion he also 55 recorded two findings, one about the size of the accommodation vacated by Jai Prakash Nagar and the other about the rent payable for the same. 12. In the revision petition filed by the landlord against the order of allotment in favour of appellant 1, three contentions were raised. Firstly, he challenged the allotment order on merits; secondly, he urged that the Rent Control Officer had no jurisdiction to decide the area of the accommodation vacated by Jai Prakash Nagar; and thirdly he contended that the Rent Control Officer had no jurisdiction to determine the rent. The Fourth Additional District Judge who heard the matter rejected the contention on the first point and accepted the second and third contentions. Ultimately he confirmed the order of allotment. While reaching this conclusion he held that there was no dispute between the parties in respect of the portion of premises bearing No. 385 and 385/1 being in possession and tenan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ven-the slightest allegation to constitute an offence except mentioning number of the section of the Penal Code. 14. That leaves for our consideration the alleged offence under Section 199. Section 199 provides punishment for making a false statement in a declaration which is by law receivable in evidence. We will assume that the affidavits filed in a proceeding for allotment of premises before the Rent Control Officer are receivable as evidence. It is complained that certain averments in these affidavits are false though no specific averment is singled out for this purpose in the complaint. When it is alleged that a false statement has been made in a declaration which is receivable as evidence in any Court of Justice or before any public servant or other person, the statement alleged to be false has to be set out and its alleged falsity with reference to the truth found in some document has to be referred to pointing out that the two situations cannot co-exist, both being attributable to the same person and, therefore, one to his knowledge must be false. Rival contentions set out in affidavits accepted or rejected by courts with reference to onus probandi do not furnish foundat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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