KESHAVA ACHARYA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel for petitioners, learned counsel for the second respondent and the learned High Court Government Pleader for the first respondent -State. Perused the records.

(2.) BRIEF facts are as fallows:

(3.) MERELY because civil remedy is also available to the parties, it cannot be said that no criminal proceedings can be initiated but whenever a purely civil matter is dragged on to the criminal Court, then only the court has to exercise power u/s. 482 of Cr.P.C. in order to scuttle such type of false implication and criminal proceedings. When it is categorically alleged in the complaint that there was income to the said temple and that has not been properly accounted to and an amount of Rs. 7 lakhs per year has been misappropriated by the petitioners. This court opines that the investigation should go on and it cannot be scuttled at the initial stages. If at all, the accused have any documentary materials to show that the allegations made in the complaint are not proper or false and he has properly accounted the said money etc., they are at liberty to bring to the notice of the investigating officer by producing those documents, to enable the investigating officer to conduct impartial investigation and to submit a fair report to the court. At this stage, the Court cannot imagine as to what report the Police may submit to the Court. If the Police submit B report to the Court, or in the event the Police files charge sheet, then the court has to look into the entire papers in order to ascertain whether any cognizable offence is made out for taking cognizance against the petitioners herein.