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1988 Supreme(Bom) 214

S.M.DAUD
V. M. Sanghi – Appellant
Versus
Rammorath Gourishankar Tiwari – Respondent


JUDGMENT

S. M. Daud, J. - Petitioners who have been the recipients of processes calling upon them to face an accusation for the alleged commission of offences punishable under sections 341, 504 and 506 r/w. 34 of the Indian Penal Code, have come forth with this petition to quash the same.

2. Respondent 1 who is a watchman of the Mani Mahal premises owned by a Cooperative Society complains that the Petitioners are in occupation of the ground floor of Mani Mahal Building. The premises are owned by Mrs. Ben D. Patel. Petitioner No. 2 is the father of Petitioner No. 1 and the latter is the Managing Director of a Private Limited company doing business in the name and style of M/s. Sanghi Motors (Bombay) Ltd. In May 1983, the Petitioners appropriated some portion of the vacant space in the Mani Mahal building. This open space was used by them to put up a garden and later they cordoned off the area. This was done without the permission of the general body of the Society and when the complainant who is a watchman, pointed out this, the Petitioners gave him threats and abuses. As a result of this, they had committed offences and deserved to be dealt with as required by law. After the prese




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