JUDGMENT

M. Jagannadha Rao, J.-This special leave petition has been filed by the petitioner against the Judgment of the High Court of Bombay dated 9.7.1996 dismissing the writ petition (criminal) No. 540/1996. The High Court refused to quash the order of the learned Chief Metropolitan Magistrate, 4th Court, Girgaum dated 26.4.1996. The learned Chief Metropolitan Magistrate dismissed the application of the petitioner filed under Section 145 of the Code of Criminal Procedure on the ground that even as per the case of the petitioner, she was out of possession for a period more than two months before the date of the preliminary order of the Magistrate dated 16.3.1993 passed under Section 145(1). The Court pointed out that as per the case of the petitioner, she had been out of possession from November 1992 and, therefore, she could not take advantage of the proviso to sub-clause (4) of Section 145. This order is challenged in this Special leave petition.

2. The brief facts of the case are as follows :-

The petitioner is aged 75 years and is staying in one half of a house comprising 2500 sq. ft. in Malabar Hills, Bombay. She says that the first respondent approached her in November, 1991 fo