15 of Vijay Vilas was in the occupation of the Sushiladevi Kathait on tenancy basis.
Hence these appeals have been filed as already stated.
Summons were directed to be issued against the four persons referred to above for offences punishable under sections 406, 467 read with sections 34 and 120 B of the Indian Penal Code.
2 and 4 were companycerned but sustained the order of the Metropolitan Magistrate in regard to the remaining two accused persons.
Russi Homi Awary and Damodar Rangrppa Shenoy, respondents in Criminal Appeal No.
657 58 of 1986.
By the impugned order dated 13th February, 1986 the High Court quashed the proceedings so far as accused Nos.
Dr. L.M. Singhvi, Ram Jethmalani, Dalveer Bhandari, Mrs. Madhu Bhandari, S.S. Khanduja, A.M. Khanwilkar and A.S. Bhasme for the Appearing parties.
The Judgment of the Court was delivered by RANGANATH MISRA, J. Both the appeals are by special leave and are directed against the same judgment of the Bombay High Court on an application under section 482 of the Code of Criminal Procedure.
From the Judgment and Order dated 13.2.1986 of the High Court of Bombay in Criminal Application No.
Madhavi had created documents showing tenancy in respect of that flat in favour of Smt.
The High Court by the impugned decision quashed the prosecution against two of the four accused persons.
658 of 1986, were employed as Secretary and Manager respectively of the Trust between 1976 and 1982.
Vijaya Raje Scindia of Gwalior created a trust on 23rd of February, 1966, known as Srikrishna Madhava Trust with four trustees in all including the settler, the other three trustees being Mr. Madhavrao Jiwajirao Scindia, Col.
Madhavi, a companyplaint was filed by trustee Angre in the Court of the Metropolitan Magistrate, 28th Court, Esplanade, Bombay on 27th July, 1983.
Eknath Trimbak Patil and Kumar Shanbhajirao Chandrojirao Angre.
The two accused persons whose prosecution has number been quashed are appellants in Criminal Appeal No.
Madhavrao is the son of the settler while the other two, though residents of Gwalior, are number members of the family.
On 31st of March, 1982, the said Secretary issued another certificate to the effect that the aforesaid tenancy terminated with effect from 1st April, 1980, after the entire rental liability had been liquidated.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
On the allegation that the two officers of the Trust in companyspiracy with trustee Madhavrao and his wife Smt.
Rajamata Smt.
120 of 1984.
Vijay Vilas a large house located in the Bombay city companystituted a part of the trust property.
658 of 1986.
657 of 1986 while the companyplainant assails the decision of the High Court quashing the prosecution of the two accused persons in Criminal Appeal No.
Flat No.
The accused persons challenged the proceedings before the High Court by filing an application under section 482 of the Code and prayed for quashing of the criminal case.
In June, 1981, the said tenant surrendered the tenancy and on 9th of June, 1981, the Secretary issued a certificate to the effect that the tenancy had terminated.
