These two proceedings unfold sad Saga of an unfortunate father who during his prime time had single handedly created an empire out of nothing. His children have been at loggerheads with each other over his properties. The disputes that started during the lifetime of the father have continued unabated after his death on 29th July 2008. The facts of the case are such that irrespective of the success for either side, the father is obviously a loser. The father is Mr. F.C., Mehra, the Hindi film producer, who migrated to India after partition and became a name to reckon with in the Hindi film industry.

2. Though both the proceedings arise out of different complaints, since the facts leading to the two proceedings and the questions arising there under for consideration of the Court are similar, the proceedings are being decided by a common order.

3. The writ petition filed is by the original accused in C.C. No. 71/SW/06 pending before the Additional C.M.M., 40th Court, Girgaon, Mumbai. Respondent no.2 to the petition is the original complainant, Parvesh, the eldest son of F.C. Mehra. The petitioners are his three other sons. After recording the statement in verification of the complaint, the learned Magistrate, on 6th May 2006 issued process against the petitioners under Sections 465,467,468 and 471 read with Section 120 and 34 Indian Penal Code. On 7th November 2006, the petitioners filed an application for discharge before the learned Magistrate, which came to be dismissed by the order dated 13th November 2007. Being aggrieved by the order of dismissal, the petitioners preferred Criminal Revision Application No.1362 of 2007 to the Sessions Court. The Revision Application was dismissed by the order dated 29th November 2007. Therefore, the petitioners have filed the petition herein under Article 227 Constitution of India and 482 Code of Criminal Procedure for quashing of the complaint. The petition was admitted on 4th August 2008 and the interim order of stay of the criminal proceedings in CC No. 71/SB/2006 passed. Respondent no.2 preferred special leave petition to the Apex Court being Special Leave Petition (CRL) No.8629/ 2008. By the order dated 15th December 2008, the Apex Court issued notice to the petitioners and granted interim stay of the High Court's order. Consequently the complaint progressed with recording of evidence before framing of charge. The S.L.P. came to be disposed off by the order dated 11th February 2010 by which the hearing of the petition herein was expedited and continuation of the complaint was permitted to the extent of completing the evidence of the witness under examination.

4. The complainant had filed another complaint being CC No. 27/SW/08 against his three brothers, the petitioners abovenamed and 11 other persons for the offences punishable under Sections 420, 468, 471 read with 34 Indian Penal Code. This complaint is pending in the same Court as the earlier complaint. The learned Magistrate, on appreciation of the statement in verification aid the documents produced was of the opinion that there are sufficient grounds to proceed further against the accused in regard to only the offence punishable under Section 420 r/w Section 34 Indian Penal Code and that the allegations in respect of the other offences were not well formulated. He, therefore, on 8th August 2008 issued process under Section 420 r/w 34 Indian Penal Code against the accused. They challenged the order by preferring two criminal applications to the Sessions Court. By the order dated 6th April 2009, the Sessions Court allowed both the revision applications. The order of the learned Magistrate issuing process against the accused was set aside and the complaint dismissed. Being aggrieved by the order, the complainant has preferred the above criminal revision application to challenge the same.

5. The three businesses of F.C. Mehra involved in the present proceedings are of Natraj Studio Pvt. Ltd., Eagle Theaters and Eagle Films. I