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Criminal Petition No. 11345/2013. Case: J. Prabhakar Rao and Ors. Vs Gilbert and Ors.. High Court of Karnataka (India)

Judgment Cited in Precedent Map Related
Case NumberCriminal Petition No. 11345/2013
CounselFor Appellant: C.V. Angadi, Advocate and For Respondents: J.S. Shetty, Advocate
JudgesBudihal R.B., J.
IssueCode of Criminal Procedure, 1973 (CrPC) - Sections 200, 201, 202, 203; Indian Penal Code 1860, (IPC) - Sections 149, 420, 463, 464
Judgement DateTuesday April 04, 2017
CourtHigh Court of Karnataka (India)

Order:

Budihal R.B., J.

  1. Heard the arguments of the learned counsel appearing for the petitioners/accused and also the arguments of the learned counsel appearing for respondent No. 1, and so also the learned High Court Government Pleader for respondent No. 2 - State.

  2. This is a petition filed by the petitioners-accused praying to quash the complaint, as per Annexure-A, filed by respondent No. 1 in the Court of Civil Judge & JMFC, Mundargi, in C.C. No. 145/2011 (P.C. No. 11/2008) under Section 200 of the Code of Criminal Procedure and the impugned order, as per Annexure-Q, dated 28.08.2013, passed in C.C. No. 145/2011 by the learned Civil Judge & JMFC, Mundaragi, insofar as the petitioners are concerned.

  3. Brief facts of the case, as pleaded in the petition, are that petitioner No. 1 was earlier serving as Bishop of Church of South India Trust Association ('the CSITA', for short). Petitioner Nos. 2 and 3 were former secretaries. The CSITA is registered and functioning under the provisions of the Indian Companies Act. The CSITA is the absolute owner and legal possessor of immovable property, including the lands in respect of which the compensation is received situated at Gumgol village, Mundaragi taluk, Gadag District. The said receipt of the compensation amount is questioned in the complaint. A private...

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