JUDGMENT - KAKADE P.V., J.:—This proceeding has come to us for adjudication by way of reference made by the learned Single Judge (S.S. Parkar, J.) by the order dated 19-9-2002 wherein he held the question which arose in the said petition was of great and general importance and, therefore, it was desirable that it should be placed for hearing before a larger Bench. The learned Single Judge also raised a question for consideration for this larger Bench and directed the matter be placed before the Honble the Chief Justice for referring it to a larger Bench and that is how we are seized with this matter.

2. We have heard for Shri A.G. Sabnis with Shri S.P. Dalal for the petitioners and Shri P. Janardhanan, Addl. Advocate General with Smt. P.H. Kantharia, A.P.P. for the State.

3. By this petition, the petitioners sought quashing of the F.I.R. No. 206 of 1999 dated 7-7-1999 and all proceedings in Criminal Case No. 18/P/2000 pending in the Metropolitian Magistrates 37th Court, Esplanade, Mumbai for the offence under section 294 of the I.P.C.

4. The facts giving rise to the petition, in a nutshell, are thus—

The petitioners are running restaurant called “Blue Nile Restaurant” at Colaba, Mumba

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