D D UDESHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been filed under section 482 of the Criminal Procedure Code for quashing the process issued on 21.7.2006 against the applicants i.e. the accused Nos.4 to 10 in complaint case No.97/SS/2006 pending before the Special Metropolitan Magistrate, 49th Court, Borivali.

(2.) The undisputed facts in this case are as follows:

(3.) The brother of Respondent no.2 filed civil suit No.3712 of 2005 in the City Civil Court, Mumbai seeking an injunction against the trust, Jasmine builders and Satellite developers restraining them from acting upon the conveyance. However, the plaintiff in that suit failed to get any favourable orders in respect of the injunction prayed for. Thereafter one of the societies filed a suit against Satellite developers seeking a direction from the Court against it to execute all documents in respect of the land in the name of the society. Respondent No.2 though a member of the society was not authorised to take any action on behalf of the society against the applicants, the other accused in the complaint. Thereafter Respondent No.2, without any authority from the society, filed the complaint on 15.4.2006 before the Metropolitan Magistrate, 49th Court at Borivali alleging that the applicants had committed offences punishable under sections 13(1) of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 (for short, hereinafter referred to as "MOFA"), 406 r/w 114 of the Indian Penal Code. After the verification was recorded, process was issued by the Metropolitan Magistrate against the applicants and other accused. Aggrieved by this decision of the Special Metropolitan Magistrate, the applicants have preferred the present application under section 482 of the Cr.P.C. for quashing the complaint.