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TMI Blog2011 (11) TMI 889X X X X Extracts X X X X X X X X Extracts X X X X ..... gedly making false statements in judicial proceedings before the Rent Controller, Amritsar. The statement of the Complainant/Respondent was recorded before the Chief Judicial Magistrate. The Complainant/ Respondent also filed an application under Sections 193/420/425 Indian Penal Code before the Rent Controller-cum-J.M. First Class, Amritsar, in Rent Application No. 111 of 1998, which had been filed by the Appellant No. 1, in which allegations had been made that the Appellant No. 1 had made false statements therein. By order dated 14th March, 2005, the Rent Controller disposed of the application filed by the Complainant/Respondent in the rent proceedings upon holding that the complaint filed under Sections 193, 420, 425 Indian Penal Code wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ian Penal Code pending before the Judicial Magistrate, First Class, Amritsar, as also the Summoning Order dated 24th April, 2006. By its impugned judgment and order, the High Court dismissed Crl. Misc. No. 32515 of 2006 filed by the Appellants on the ground that the Rent Controller is not a Court within the meaning of Section 195(1) Code of Criminal Procedure. and held that a private complaint would be maintainable in case of false evidence being adduced or recorded before the Rent Controller. Ms. Malhotra submitted that the High Court had failed to consider the fact that the ejectment proceedings initiated by the Appellant No. 1 were still pending before the Rent Controller and a similar application had been dismissed on the ground that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court, as that Court may authorize in writing in such regard. Learned counsel submitted that no interference was called for with the order of the High Court and the appeal was liable to be dismissed. 10. The question which, therefore, arises for consideration in this appeal is that even if the Rent Controller is held not to be a Court , whether any private complaint would be maintainable in respect of statements alleged to have been falsely made before it. While disposing of the Revisional Application filed by the Appellants, the learned Single Judge of the Punjab Haryana High Court took note of a judgment of the said Court in Ishwar Chand Gupta v. Chander Shekhar and Anr. (2001) 1 RCR Cri 171, in which it had been held that the Rent Contro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made on behalf of the Appellant therein that since it had all the trappings of a Court, the Competent Authority was a Court in the eye of law and consequently possessed inherent powers to condone the delay. The High Court also rejected the said prayer upon observing that statutory authorities have to act within the powers conferred on them by Statute. 13. The same views were also expressed by this Court in Om Prakash v. Ashwani Kumar Bassi (2010) 9 SCC 183, wherein it was held that in the absence of a specific power being vested in the Rent Controller, it being a creature of statute, it could only act in terms of the powers vested in it by the Statute and could not, therefore, entertain an application under Section 5 of the Limitation Act f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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