JUDGMENT

DESAI, J. :— A frustrated landlord after having met his waterloo in the hierarchy of civil courts, has further enmeshed the tenant in a frivolous criminal prosecution which prima facie appears to be an abuse of the process of law. The facts when stated are so telling that the further discussion may appear to be superfluous.

2. One Jai Prakash Nagar was the tenant of the premises bearing No. 385/2 situated in Mohalla Kothiat, Civil Lines, Bulandshahr. Father of Maharaj Singh, a practising advocate is the landlord of the premises. According to the landlord tenant Jaiprakash Nagar vacated the premises on January 2, 1978 and as required by Section 115 (2) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972; (Rent Act for short), gave a notice of the same to the District Magistrate. There is a similar obligation on the landlord and pursuant to this obligation as prescribed in Section 15 (1) of the Rent Act. Maharaj Singh also gave intimation of the Vacancy to. the District Magistrate on January 5, 1979. 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 appella