GIRISH KUMAR Vs. KRISHNAPPA P.S.

JUDGEMENT

(1.) These petitions are filed under Section 482 of Cr.P.C. by accused Nos.1 and 9 praying this Court to quash the entire proceedings in C.C.No.603/2020 for the offences punishable under Sections 120B, 419, 420, 405, 167, 465, 466 and 471 read with Section 34 of IPC.

(2.) The factual matrix of the case is that respondent Nos.1 and 2 herein had filed a private complaint under Section 200 of Cr.P.C. which was numbered as P.C.R.No.19/2012 against these two petitioners and also others and after the matter was referred to investigation, the Investigating Officer has filed the charge-sheet against accused Nos.1 and 9 for the offences referred above. The learned Magistrate having considered the material on record has taken the cognizance and hence these petitions are filed by accused Nos.1 and 9.

(3.) Before adverting to the grounds urged in the respective petitions, this Court would like to make a mention in short the factual matrix of the case. The complainant in the complaint has alleged that the ancestors of the complainant have constructed a Gurugunde Brahmeshawara Swamy Temple, Dattatreya Swamy Temple and Parvati Ammanavara Temple in different survey numbers at Pattanayakanahalli Village along with more than 150 shops and quarters. It is also alleged that they have reserved lands to an extent of 250 acres for the purpose of upliftment and management of these temples. The ancestors of the complainants have appointed a pointiff by name Sri Gurukumara Avadootha, who started to mismanage the affairs of the temple and tried to transfer the properties to his name. Therefore, it was challenged before the revenue authorities in which M.R.No.10/1984-85 was declared as null and void and ordered to restore the name of the deity in the revenue records as per M.R.No.11/1975-76 dated 21.07.1975.