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1985 Supreme(Bom) 161

D.N.MEHTA
Jayant D. Shah – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT

D.N. Mehta, J. - This Criminal Application has been filed by five petitioners impugning the issue of summons to show cause under Section 111 of the Code of Criminal Procedure, 1973 by the learned Special Executive Magistrate and Assistant Commissioner of Police, C.B. (P) C.I.D. Zone-II, Bombay. The five Petitioners pray that the Show Cause Notice dated 28th July 1983 be quashed by this Court exercising its inherent jurisdiction under Section 482 of the Code of Criminal Procedure.

2. It will be relevant at this stage to recite certain facts in order to explain the circumstances under which the learned Special Executive Magistrate issued the notice under Section 111 of the Code of Criminal Procedure. The five Petitioners are residents of building known as Mehendale Building situated at Parikh Wadi, V.P. Road, Bombay. All the five Petitioners occupy different rooms on the third floor of the said building. It appears that one Mathuradas Jadhavji Thakkar alongwith his wife Gangabai also reside on the third floor of the same building in Room No. 34. It appears that from the year 1979 the relations between Mathuradas Thakkar and his wife on the one hand and the five Petitioners

























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