1. This reference is made under S.438, Criminal Procedure Code , by the learned Second Extra Additional Sessions Judge, Surat, requesting this Court to quash, under S.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), Bhikhubhai Ranchhodji Desai (2) Bai Padmavati Deyaramdas 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 Chekhad, 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 No