WILLIAM ROSARIO Vs. MALCOM FRANCIS ANTHONY PEREIRA

JUDGEMENT

(1.) THIS petition filed under Section 482 of the Code of Criminal Procedure, 1973 challenges the order dated 15-4-1988 passed by the Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Bombay, by which Case No. 136 /i and R of 1987 filed by the applicant came to be dismissed under Section 203 of the Criminal Procedure Code. The complaint came to be dismissed on the ground that the provision of Section 195 (1) (b) (ii) of the Code of Criminal Procedure is attracted and hence the Court was having no jurisdiction to entertain the said complaint filed by the private party.

(2.) IT will be necessary to note a few facts and the proceedings involved. On 10-2-1964, one Caroline, a spinster, executed a Will. By the said Will, she willed away immoveable property for charitable purposes i. e. Church, etc. Respondent No. 1 was appointed as one of the trustees and executors of the said Will. Caroline died on 7-4-1965. She was having a brother by name Valentine. He also executed a Will on 22/12/1966 and willed away the immoveable property for charitable purposes. Respondent No. 1 was also appointed as one of the trustees and executors under the Will. Valentine died on 24-5-1967.

(3.) PROBATE proceeding was started in the High Court of Bombay in respect of the Will of Caroline. Necessary notices were served including on the petitioner. The High Court granted probate in respect of the Will of Caroline on 13-3-1967. Similar proceeding for probate was initiated in the High Court of Bombay in respect of the Will of Valentine. Again necessary notices were served and procedure followed and on 16-2-1968 probate came to be granted in respect of the Will of Valentine. On 13-10-1969, Petition No. 32/69 came to be filed on behalf of the applicant in the High Court of Bombay for revocation of grant of probate dated 16-2-1968 in respect of the Will of Valentine. However, on 30-4-1971, the applicant withdrew the same and this Court directed the applicant to pay costs to the respondents therein.