The present application has been filed under section 482 of the Criminal Procedure Code for quashing the process issued on 21.7.2006 against the applicants i.e. the accused Nos.4 to 10 in complaint case No.97/SS/2006 pending before the Special Metropolitan Magistrate, 49th Court, Borivali.

2. The undisputed facts in this case are as follows: Applicant Nos.1 to 6 are the trustees of applicant No.7 trust which is a charitable trust. On 11.7.1978, the trust entered into an agreement with Jasmine Builders Private Limited (for short, hereinafter referred to as ‘Jasmine builders’) to lease a plot of land alongwith the structures standing on it for a period of 50 years. One building on that property had already been leased to a third party and, therefore, it was provided in the agreement that when the lessee vacates that part of the land on which the structures leased to him were erected, Jasmine builders would be leased that land as well. Thereafter, on 28.9.1985, the trust agreed to sell the property to Jasmine builders subject to the approval of the Charity Commissioner. The Charity Commissioner accorded approval for the sale of the plot on 10.2.1989. In the meantime, i.e. on 26.4.1986, Jasmine builders agreed to provide accommodation to each of the tenants on the land. Jasmine builders thereafter demolished the structures on the land and constructed a multi-storeyed building in 1989. Flats were allotted to each of the tenants including Respondent No.2 who is the complainant in the present case. Agreements for sale of the flats were entered into by Jasmine builders with these tenants. The remaining flats were sold by Jasmine builders by entering into separate agreements with the flat purchasers. It appears that subsequently in the year 1992, Jasmine builders amalgamated with Satellite Developers Pvt. Ltd. (for short, hereinafter referred to as ‘Satellite developers’). The scheme of amalgamation was approved by this Court in Company Petition NO.122 of 1992. Thereafter on 22.4.2003, a deed of conveyance was executed by the applicants and Satellite developers transferring the plot to Satellite developers in accordance with the agreement dated 28.9.1985. Two more structures were constructed on the land by Satellite developers after obtaining the requisite permissions. These structures were meant to rehabilitate the tenants of the demolished structures on the land as well as for sale of flats to third parties. Separate cooperative societies have been formed in respect of each of these buildings.

3. The brother of Respondent no.2 filed civil suit No.3712 of 2005 in the City Civil Court, Mumbai seeking an injunction against the trust, Jasmine builders and Satellite developers restraining them from acting upon the conveyance. However, the plaintiff in that suit failed to get any favourable orders in respect of the injunction prayed for. Thereafter one of the societies filed a suit against Satellite developers seeking a direction from the Court against it to execute all documents in respect of the land in the name of the society. Respondent No.2 though a member of the society was not authorised to take any action on behalf of the society against the applicants, the other accused in the complaint. Thereafter Respondent No.2, without any authority from the society, filed the complaint on 15.4.2006 before the Metropolitan Magistrate, 49th Court at Borivali alleging that the applicants had committed offences punishable under sections 13(1) of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 (for short, hereinafter referred to as ‘MOFA’), 406 r/w 114 of the Indian Penal Code. After the verification was recorded, process was issued by the Metropolitan Magistrate against the applicants and other accused. Aggrieved by this decision of the Special Metropolitan Magistrate, the applicants have preferred the present application under section 482 of the Cr.P.C. for quashing