JUDGMENT - S.P. KURDUKAR, J.:---Both these petitions under Article 226 of the Constitution of India can be disposed of by this common judgment since they arise out of a common judgment dated December 20, 1991 in Discharge Application No. 171 of 1991 in Tada R.A. No. 52 of 1991. Both the petitioners are challenging legality and correctness of the impugned order. Impugned order is at Exhibit A to the compilation. Compilation taken on record.

2. Pursuant to a complaint dated 31st January, 1991 filed by Jayantilal Nanji of M/s Dedhia Jewellers, at Matunga Police Station, Bombay, Crime No. 113 of 1991 came to be registered against the 6 unknown and unidentified persons for offence punishable under section 395 of the Indian Penal Code read with section 25(3) of the Arms Act. Pursuant to this complaint, investigation commenced and statements of various witnesses came to be recorded. During investigation, suspected accused were also arrested which include the present petitioners. Charge-sheet also came to be filed by the investigating officer in respect of the incident dated 31st January, 1991 in which the petitioner in Criminal Writ Petition No. 223 of 1991 is shown as accused No. 4 wherea

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