SORABJI N DUBASH Vs. SURESH DUBASH

JUDGEMENT

(1.) On a complaint made by Suresh Dubash and Mrs. Meher Rustamji Dubash, the Judicial Magistrate First Class, Jabalpur vide her order sheet dated 8-10-1985 passed in Criminal Case No. 5018 of 1985 took cognizance of an offence under section 418 of the Indian Penal Code against two of their close relations namely Sorabji N. Dubash and D. M. Bharucha and directed issue of process against them. It is being aggrieved by it that the two accused have filed the present petition in this Court for quashing the proceedings and dismissing the complaint made against them.

(2.) As mentioned above, the complainant party and the accused party are related to one another quite closely. The following genealogical table will be of help in understanding the exact relationship between them: Nasarwanji Dubash (died 2-5-1972) widow Tahmina Nasarwanji (died 12-5-1983) I I I I I Manekji Jamshedji Sorabji Rustamji N. Mrs. Mary Dubash N.Dubash N.Dubash Dubash (son) D. Bharucha (son) (son) (son) (died 13-6-1977) (daughter) (accused No. 1) widow Mehar (died 21-6-1982) Rustamji Dubash has been (Complainant no. 2) D.M. Bharucha I (accused no. 2) Suresh Dubash I (son) Miss Bati (Complainant no. 1) Bharucha (daughter).

(3.) It is not in dispute that the head of the abovesaid Parsi family i.e. Nasarwanji Dubash had been a resident of Kanti town and he had during his life-time acquired lot of immovable properties including one bearing municipal nos. 148 and 149 situated in Napier Town Ward of Jabalpur city. It is with this property situated in Napier Town of Jabalpur city that we are concerned in the present case.