(1.) This Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitionerAccused No.3 seeking to quash the proceedings against him in C.C.No.281 of 2021 pending on the file of the Court of Judicial First Class Magistrate, Armoor.
(2.) Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent No.1 - State. Perused the record.
(3.) The case of the prosecution is that Accused No.1 visited the Uma Maheshwara Temple at Ummeda village and observed that there was no security in the temple. He informed the same to the Accused No.2 and both the accused Nos.1 and 2 approached accused No.3, who informed that temple was ancient and while constructing the temple gold and silver ornaments were kept underneath of Nandi temple. Believing the version of the petitioneraccused No.3, on 16/5/2022, accused Nos.1 and 2 dug the temple and on hearing certain noises of vehicles, they fled away. Again at the instance of accused No.3, on 17/5/2022, accused Nos.1 and 2 went into the temple while the petitioner-accused No.3 was allegedly present on the bridge and watching the movements of the public near the temple premises. The petitioner-accused No.3 along with accused Nos.1 and 2 were caught by the villagers and handed over to the police. For which reason, the complaint was lodged and in pursuance to the investigation, charge sheet was filed under Sec. 448 of I.P.C., and Sec. 20 of Indian Treasure-Trove Act, 1878 (for short 'ITT Act').