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1988 Supreme(SC) 119

M.M.DUTT, G.L.OZA, RANGANATH MISRA
Madhavrao Jiwajirao Scindia – Appellant
Versus
Sambhajirao Chandrojtrao Angre – Respondent


Advocates:
A.M.KHANWILKAR, A.S.BHASME, DALVIR BHANDARI, L.M.SINGHVI, Madhu Bhandari, RAM JETHMALANI, S.S.Khanduja

Judgment

RANGANATH MISRA, J.:- Both the appeals are by special leave and are directed against the same judgment of the Bombay High Court on an application under section 482 of the Code of Criminal Procedure. The High Court by the impugned decision quashed the prosecution against two of the four accused persons. The two accused persons whose prosecution has not been quashed are appellants in Criminal Appeal No. 657 of 1986 while the complainant assails the decision of the High Court quashing the prosecution of the two accused persons in Criminal Appeal No. 658 of 1986.

2. Rajamata Smt. Vijaya Raje Scindia of Gwalior created a trust on 23rd of February, 1966, known as "Shrikrishna Madhava Trust" with four trustees in all including the settler, the other three trustees being Mr. Madhavrao Jiwajirao Scindia, Col. Eknath Trimbak Patil and Kumar Sambhajirao Chandrojirao Angre. Madhavrao is the son of the settler while the other two, though residents of Gwalior, are not members of the family. Vijay Vilas a large house located in the Bombay City constituted a part of the trust property. Russi Homi Awary and Damodar Rangrppa Shenoy, respondents in Criminal Appeal No. 658 of 1986, were employe










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