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1991 Supreme(Bom) 272

B.N.SRIKRISHNA
Hemant P. Vissanji & others – Appellant
Versus
Mulshankar Shivram Rawal and another – Respondent


JUDGMENT - B.N. SRIKRISHNA, J.:---By this petition under Article 227 of the Constitution of India read with section 482 of the Criminal Procedure Code, 1973, the petitioners have impugned the order dated 24-11-1986 issuing process against the petitioners in Criminal Case No. 1004 of 1986.

2. The first respondent filed a complaint before the Judicial Magistrate, First Class, Khalapur, in which he alleged that he was the owner of certain property in Sarasan village, Taluka Kholapur and the property stood in his name in the records of the Grampanchayat concerned. The complainant alleged that accused Nos. 1 to 3 (petitioner Nos. 1 to 3 herein), who were the Managing Directors and Senior Officers of Wallace Flour Mills Ltd., had conspired and committed trespass on his property, demolished his house by razing it to the ground and carried away the debris leaving no trace. Since the complainant stayed at Shilphata, the accused took the advantage of his absence and committed the aforesaid offences. The complaint alleged that this was done by the accused as they were enraged by the refusal of the complainant to sell the property to them. In the complaint the complainant stated that he had mad








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