( 1 ) THIS reference is made under sec. 438 Criminal Procedure Code by the learned Second Extra Additional Sessions Judge Surat requesting this Court to quash under sec. 215 Criminal Procedure Code an order made by the learned Joint Civil Judge Junior Division and Judicial Magistrate First Class Navsari committing the three opponents (1) Bhikbubhai Ranchhodji Desai (2) Bai Padmavati Dayaramdas and (3) Lallubhai Laxmidas to take their trial for various offences punishable under the Indian Penal Code. The reference came up for hearing before Bhagwati J. on 11th of July 1963. The learned Judge felt that the reference raised an important point of law and therefore referred the same for decision to a Division Bench.

( 2 ) THE facts are as follows: Survey No 205 situated in the village Chokhad Navsari Taluka belongs to a temple known as the Radha-Krishna Pancha Pipla Temple situated in the village Dhaman. That temple has been declared to be a public trust under the Bombay Public Trusts Act 1950 One Thakordas was the mahant of the temple. One Dayaramdas managed the temple and its properties as the constituted attorney of mahant Thakordas. Thakordas made a gift of survey N