SHANTARAM BHAT Vs. SHIVKUMAR RAMDAS PRASAD

JUDGEMENT

(1.) THIS Criminal Writ Petition is filed by the Petitioners/original accused Nos. 1 and 2, being aggrieved by the order dated 12th August, 1992, rejecting the application for discharge made by the Petitioners herein.

(2.) I have heard Ms. Dandekar, appearing for Petitioners, so also, Mr. Galeria, learned A. P. P. for Respondent No.2. I have also perused the proceedings.

(3.) IN view of the above situation, the allegation of the complainant that the Petitioners were collecting the rent unauthorisedly, and that, they misrepresented to the complainant that they were the owners, thereby, inducing him to give rent to them, falls to the ground. Prima facie, the documents go to show that the Petitioners were in fact the owners and they were entitled to get the rent, and there was no question of any misrepresentation or inducement. IN view of this, following order is passed. Criminal Writ Petition No.1189 of 1992 is allowed. Rule made absolute in terms of prayer clause (b) and (c ). Issuance of certified copy is expedited. Petition allowed. .