HIRJITSINGH BEDI Vs. STATE OF MAHARASHTRA AND OTHERS

JUDGEMENT

(1.) THE petitioner has filed this application under Articles 226 and 227 of the Constitution for setting aside the order of Judicial Magistrate, First Class, Pune Cantonment, dated 2 -12 -1978, whereby he granted an application filed by the Public Prosecutor, Pune, seeking permission to withdraw a criminal case against respondent Nos. 4 to 6 (hereinafter referred to as the accused) and purporting to discharge them under section 321 (a) of the Criminal Procedure Code.

(2.) THE 4th respondent is the owner of a bungalow in Pune bearing No. 15 at Casteleno Road, he having purchased the same in the year 1956. The case of the present petitioner was that in or about the end of January, 1973, respondent No. 4 let the petitioner in possession of the said bungalow on certain monthly rent, upon the petitioner carrying out the required repairs which according to the petitioner were to the tune of Rs. 25,000. It was further agreed that a sum of Rs. 150 was to be deducted from the monthly rent on account of the cost of the repairs to be incurred by the petitioner. The case of the petitioner is that after he was so put in possession of the house, he carried out the repairs and spent a sum of about Rs. 26,000. However, later on the fourth respondent changed his mind and entertained the idea of not letting out the suit bungalow to the petitioner.

(3.) AT or about the same time or rather during the same night the 4th respondent also lodged a complaint against the petitioner, his father, brother and the petitioner's two servants accusing them of criminal trespass, house breaking etc. punishable under sections 457, 426 and 451 of the Indian Penal Code.