UMESH MEHRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) 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 29 th 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 thereunder for consideration of the Court are similar, the proceedings are being decided by a common order.5

(3.) The writ petition filed is by the original accused in C.C. No. 71/SW/06 pending before the Additional C.M.M., 40 th 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 6 th May 2006 issued process against the petitioners under Sections 465, 467, 468 and 471 read with Section 120 and 34 Indian Penal Code. On 7 th November 2006, the petitioners filed an application for discharge before the learned Magistrate, which came to be dismissed by the order dated 13 th 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 29 th 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 4 th 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 15 th6 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 11 th 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.