F M C DCOSTA Vs. RALLIS INDIA LTD

JUDGEMENT

(1.) THIS Revision Application has been filed against the order dated 27th April, 1989, passed by the learned Addl. Chief Metropolitan Magistrate, 9th Court, Esplanade, Bombay in Case No. 168/N of 1986 under section 145 of the Criminal Procedure Code, 1973. The said proceedings are alleged to have been initiated against the present applicants.

(2.) THE facts leading to the said proceedings under section 145 of the Criminal Procedure Code, in brief, are as under : -

(3.) IT is pertinent to note here that pending this revision application in this court, the original applicant No. 1 F.M.C. D'Costa died on 25 -12 -1993 in the said flat. It also reveals that his son (Arvind) D'Costa as legal nominee and heir brought on record as applicant No. 1 in place of deceased F.M.C. D'Costa, he did not choose to appear before this court. It is submitted that son of the Applicant No. 1 (Mr. Arvind) D'Costa was staying at Iraq -Dubai and doing some business but because of Iraq war in 1993, he lost everything and had to come back to India pennyless. It also reveals that his son was the nominee of the deceased Applicant No. 1 and step in as the owner of the said flat, so after the death of applicant No. 1, the said flat was sold under a registered sale deed to respondents Nos. 3 and 4 for Rs. 88 lacs and handed over the possession to respondents Nos. 3 and 4. It is also submitted that respondents Nos. 3 and 4 were not aware about the proceedings under section 145 of Criminal Procedure Code and on coming to know that the revision application was pending against 145 proceedings, the respondents Nos. 3 and 4 filed an application being Criminal Application No. 354 of 1995 and intervened the proceedings by joining as respondents by order of this court as they are the directly interested and affected party. It also reveals that after selling away the said flat, applicant left India.