Allowed

Joseph Chacko v. State of Karnataka

Karnataka HC22 Feb 2017CRL.P/4729/2010

Case brief

AI extract

What is this about?

Petitions under Section 482 CrPC seeking quashing of criminal complaints and FIRs alleging cheating and forgery in the sale of residential plots. The court held that since the complainants claim under subsisting registered sale deeds, the dispute is essentially civil in nature and a criminal court cannot adjudicate title; the proceedings were quashed.

What did the court decide?

Petitions allowed; the respective criminal proceedings (FIRs/complaints in the connected cases) quashed.

Joseph Chacko Vs State of Karnataka — Quashing and FIR | Karnataka HC (2017)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF FEBRUARY 2017

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BEFORE

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THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY

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CRIMINAL PETITION No.5655 OF 2016

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CONNECTED WITH

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CRIMINAL PETITION No.5643 OF 2016 CRIMINAL PETITION No.5644 OF 2016

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CRIMINAL PETITION No.5654 OF 2016 CRIMINAL PETITION No.5653 OF 2016

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CRIMINAL PETITION No.5640 OF 2016

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CRIMINAL PETITION No.5641 OF 2016

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CRIMINAL PETITION No.5645 OF 2016

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CRIMINAL PETITION No.5656 OF 2016

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CRIMINAL PETITION No.5657 OF 2016 CRIMINAL PETITION No.4135 OF 2013

¶15

¶16

CRIMINAL PETITION No.4133 OF 2013 CRIMINAL PETITION No.4131 OF 2013 CRIMINAL PETITION No.4132 OF 2013 CRIMINAL PETITION No.4130 OF 2013 CRIMINAL PETITION No.4127 OF 2013

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CRIMINAL PETITION No.5639 OF 2016 CRIMINAL PETITION No.7740 OF 2015 CRIMINAL PETITION No.7739 OF 2015 CRIMINAL PETITION No.5679 OF 2013 CRIMINAL PETITION No.4138 OF 2013 CRIMINAL PETITION No.4137 OF 2013 CRIMINAL PETITION No.4099 OF 2013 CRIMINAL PETITION No.4100 OF 2013 CRIMINAL PETITION No.4101 OF 2013 CRIMINAL PETITION No.4105 OF 2013 CRIMINAL PETITION No.4107 OF 2013 CRIMINAL PETITION No.4115 OF 2013 CRIMINAL PETITION No.4126 OF 2013

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CRIMINAL PETITION No.4089 OF 2013 CRIMINAL PETITION No.4090 OF 2013 CRIMINAL PETITION No.4091 OF 2013 CRIMINAL PETITION No.4095 OF 2013 CRIMINAL PETITION No.4096 OF 2013

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CRIMINAL PETITION No.4098 OF 2013 CRIMINAL PETITION No.4079 OF 2013 CRIMINAL PETITION No.4083 OF 2013 CRIMINAL PETITION No.4084 OF 2013 CRIMINAL PETITION No.4086 OF 2013 CRIMINAL PETITION No.4729 OF 2010 CRIMINAL PETITION No.4732 OF 2010 CRIMINAL PETITION No.4735 OF 2010 CRIMINAL PETITION No.4737 OF 2010 CRIMINAL PETITION No.4728 OF 2010

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IN CRL.P.No.5655/2016

¶22

BETWEEN:

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Joseph Chacko,

¶24

¶25

Son of Late P.J.Chacko, Aged about 56 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶26

D. Manuel, Son of Late Devadas, Aged about 56 years, Residing at House No.373, Hormavu Agara, Hormave Post, Bangalore – 560 043.

¶27

Rita Chacko, Daughter of Late P.J.Chacko, Aged about 45 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶28

Tomy Joseph, Son of P.T.Joseph, Aged about 63 years, Residing at Skyline Montecarlo Apartment, No6E, Kanjikuzhi, Kottayam District, Kerala – 686004.

¶29

Anish Abraham, Son of Abraham Thomas, Aged 33 years,

¶30

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Residing at 1/1, 20^th C Cross, Ejipura, Vivek Nagar, Bangalore – 560 047.

¶32

C.K.Mathew, Son of P.K.Korah, Aged: 53 years, Plot No.157, 158, Bethel House, Athma Vidya Nagar, Byrathi, Doddagubbi Road, Dr. ARK Nagar Post, Bangalore 560 077.

¶33

P.O.Rajan, Son of Late K. Oommen, Age: 51 years, Residing at No.183/2, Bethel Street, Hormavu Agara, Hormave Post, Bangalore – 560 043.

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Stephen K. Varghese, Son of Thomas Varghese, Age: 70 years, No.364, 2B Cross, Rajanna Layout, Hormavu Agara, Hormave Post, Bangalore – 560 043.

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…PETITIONERS (By Shri Sandesh J. Chouta, Advocate)

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¶37

AND:

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The State of Karnataka Through Nandagudi Police Station, Hoskote Taluk, Through the State Public Prosecutor, State of Karnataka, Represented by Public Prosecutor, High Court Building, Bangalore – 560 001.

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Pastar T.V.Varghese, Aged about 68 years, Son of Late M.C.Chacko, Ebenezer Pengattu, Eraviperoor Post 689 542, Thiruvalla, Kerala.

¶40

…RESPONDENTS

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(By Shri Vijaykumar S. Majage, Additional State Public Prosecutor for Respondent No.1/State;

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Shri M.T.Nanaiah, Senior Advocate for Shri Dilraj J. Rohit Sequeira, Advocate for Respondent No.2)

¶43

¶44

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to quash the FIR in Crime No.248/2016 pending investigation before the respondent No.1 Nandagudi Police Station, Bangalore passed by Civil Judge and Judicial Magistrate First Class Court, Hoskote produced as Annexure-A in so far these petitioners are concerned.

¶45

¶46

IN CRL.P.No.5643/2016

¶47

BETWEEN:

¶48

Joseph Chacko, Son of Late P.J.Chacko, Aged about 56 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶49

…PETITIONER

¶50

(By Shri Sandesh J. Chouta, Advocate)

¶51

AND:

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The State of Karnataka Through C.I.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, Represented by Public Prosecutor, High Court Building, Bangalore – 560 001.

¶53

Georgi Mammen Parayil, Son of Late Mr. P.T.Mammen, Aged about 65 years, Residing at Apt. No.5, 246, Palisade Avenue, Garfield NJ 07026, USA, Also at: No.5, 1^st Main Road,

¶54

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5^th A block, Koramangala,

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Bangalore – 560 095.

¶57

…RESPONDENTS

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(By Shri Vijaykumar S. Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶59

Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben Jacob, Advocate for Respondent No.2)

¶60

¶61

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to set aside the order dated 7.6.2016 passed in Crl.R.P.No.6/2013 by the court of LI Additional City Civil and Sessions Judge, Bangalore produced hereto as Annexure-A and also set aside the order dated 23.11.2012 passed by the I Additional Chief Metropolitan Magistrate, Bangalore in C.C.No.37376/2010 as produced as Annexure –B and consequently allow the discharge application dated 30.4.2012 filed in C.C.No.37376/2010 before the I Additional Chief Metropolitan Magistrate, Bangalore produced hereto as Annexure-C.

¶62

IN CRL.P.No.5644/2016

¶63

BETWEEN:

¶64

Joseph Chacko, Son of Late P.J.Chacko, Aged about 56 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶65

…PETITIONER (By Shri Sandesh J. Chouta, Advocate)

¶66

¶67

AND:

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The State of Karnataka Through C.I.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, Represented by Public Prosecutor, High Court Building, Bangalore – 560 001.

¶69

Satheesh Kunju Cherukkan, Aged about 52 years, Son of Kunju Cherukan, P.O.Box 991, A1-Khobar-31952, Saudi Arabia.

¶70

…RESPONDENTS

¶71

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶72

Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben Jacob, Advocate for Respondent No.2)

¶73

¶74

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to 1) set aside the order dated 7.6.2016 passed in Crl.R.P.No.8/2013 by the court of LI Additional City Civil and Sessions Judge, Bangalore (CCH-52) produced hereto as Annexure-A and also set aside the order dated 23.11.2012 passed by the I Additional Chief Metropolitan Magistrate, Bangalore in C.C.No.37952/2010 as produced as Annexure –B. 2)consequently discharge the petitioner from the offences punishable under Sections 465, 468, 471 and 420 of IPC as laid down in the charge sheet dated 7.8.2010 submitted by the respondent police in C.C.No.37952/2010 before the I

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Additional Chief Metropolitan Magistrate, Bangalore produced hereto as Annexure-C.

¶77

IN CRL.P.No.5654/2016

¶78

BETWEEN:

¶79

Joseph Chacko, Son of Late P.J.Chacko, Aged about 56 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶80

D. Manuel, Son of Late Devadas, Aged about 56 years, Residing at House No.373, Hormavu Agara, Hormave Post, Bangalore – 560 043.

¶81

Rita Chacko, Daughter of Late P.J.Chacko, Aged about 45 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶82

Tomy Joseph, Son of P.T.Joseph, Aged about 63 years,

¶83

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Residing at Skyline Montecarlo Apartment, No6E, Kanjikuzhi, Kottayam District, Kerala – 686004.

¶85

Anish Abraham, Son of Abraham Thomas, Aged 33 years, Residing at 1/1, 20^th C Cross, Ejipura, Vivek Nagar, Bangalore – 560 047.

¶86

C.K.Mathew, Son of P.K.Korah, Aged: 53 years, Plot No.157, 158, Bethel House, Athma Vidya Nagar, Byrathi, Doddagubbi Road, Dr. ARK Nagar Post, Bangalore 560 077.

¶87

P.O.Rajan, Son of Late K. Oommen, Age: 51 years, Residing at No.183/2, Bethel Street, Hormavu Agara, Hormave Post, Bangalore – 560 043.

¶88

Stephen K. Varghese, Son of Thomas Varghese,

¶89

¶90

Age: 70 years, No.364, 2B Cross, Rajanna Layout, Hormavu Agara, Hormave Post, Bangalore – 560 043.

¶91

…PETITIONERS

¶92

(By Shri Sandesh J. Chouta, Advocate)

¶93

AND:

¶94

The State of Karnataka Through Nandagudi Police Station, Hoskote Taluk, Through the State Public Prosecutor, State of Karnataka, Represented by Public Prosecutor, High Court Building, Bangalore – 560 001.

¶95

V. Muhammed Hamza, Son of V.K.Muhammed, Residing at chazhiyattiri Post – 679 535, Peringode, Palghat, Kerala.

¶96

…RESPONDENTS

¶97

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶98

Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben Jacob, Advocate for Respondent No.2)

¶99

¶100

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to quash the FIR in Crime

¶101

¶102

No.247/2016 pending investigation before the respondent No.1 Nandagudi Police Station, Bangalore passed by Civil Judge and Judicial Magistrate First Class Court, Hoskote produced as Annexure-A in so far these petitioners are concerned.

¶103

IN CRL.P.No.5653/2016

¶104

BETWEEN:

¶105

Joseph Chacko, Son of Late P.J.Chacko, Aged about 56 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶106

D. Manuel, Son of Late Devadas, Aged about 56 years, Residing at House No.373, Hormavu Agara, Hormave Post, Bangalore – 560 043.

¶107

Rita Chacko, Daughter of Late P.J.Chacko, Aged about 45 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶108

Tomy Joseph,

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Son of P.T.Joseph, Aged about 63 years, Residing at Skyline Montecarlo Apartment, No6E, Kanjikuzhi, Kottayam District, Kerala – 686004.

¶111

Anish Abraham, Son of Abraham Thomas, Aged 33 years, Residing at 1/1, 20^th C Cross, Ejipura, Vivek Nagar, Bangalore – 560 047.

¶112

C.K.Mathew, Son of P.K.Korah, Aged: 53 years, Plot No.157, 158, Bethel House, Athma Vidya Nagar, Byrathi, Doddagubbi Road, Dr. ARK Nagar Post, Bangalore 560 077.

¶113

P.O.Rajan, Son of Late K. Oommen, Age: 51 years, Residing at No.183/2, Bethel Street, Hormavu Agara, Hormave Post, Bangalore – 560 043.

¶114

¶115

Stephen K. Varghese, Son of Thomas Varghese, Age: 70 years, No.364, 2B Cross, Rajanna Layout, Hormavu Agara, Hormave Post, Bangalore – 560 043.

¶116

…PETITIONERS

¶117

(By Shri Sandesh J. Chouta, Advocate)

¶118

AND:

¶119

The State of Karnataka Through Nandagudi Police Station, Hoskote Taluk, Through the State Public Prosecutor, State of Karnataka, Represented by Public Prosecutor, High Court Building, Bangalore – 560 001.

¶120

V. Kunharu Muhammad, Aged about 50 years, Son of Late Veluthavilappil Kunharu, Residing at Veluthavilappil House, Thrichur Post 680 584, Erumapetty, Thrissur District, Kerala.

¶121

…RESPONDENTS (By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶122

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Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben Jacob, Advocate for Respondent No.2)

¶124

¶125

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to quash the FIR in Crime No.246/2016 pending investigation before the respondent No.1 Nandagudi Police Station, Bangalore passed by Civil Judge and Judicial Magistrate First Class Court, Hoskote produced as Annexure-A in so far these petitioners are concerned.

¶126

IN CRL.P.No.5640/2016

¶127

BETWEEN:

¶128

Joseph Chacko, Son of Late P.J.Chacko, Aged about 56 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶129

…PETITIONER

¶130

(By Shri Sandesh J. Chouta, Advocate)

¶131

AND:

¶132

The State of Karnataka Through C.I.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, Represented by Public Prosecutor, High Court Building,

¶133

¶134

Bangalore – 560 001.

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Daniel Jacob,

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Aged about 55 years, Son of Jacob Daniel, P.O.Box 7893,

¶137

Abu Dhabi, U.A.E.307 501.

¶138

…RESPONDENTS

¶139

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶140

Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben Jacob, Advocate for Respondent No.2)

¶141

¶142

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to set aside the order dated 7.6.2016 passed in Crl.R.P.No.4/2013 by the court of LI Additional City Civil and Sessions Judge, Bangalore produced hereto as Annexure-A and also set aside the order dated 23.11.2012 passed by the I Additional Chief Metropolitan Magistrate, Bangalore in C.C.No.39065/2010 as produced as Annexure –B and consequently allow the discharge application dated 30.4.2012 filed in C.C.No.39065/2010 before the I Additional Chief Metropolitan Magistrate, Bangalore produced hereto as Annexure-C.

¶143

IN CRL.P.No.5641/2016

¶144

BETWEEN:

¶145

Joseph Chacko, Son of Late P.J.Chacko, Aged about 56 years, Residing at 176/B, Park Avenue,

¶146

¶147

Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043. (By Shri Sandesh J. Chouta, Advocate)

¶148

…PETITIONER

¶149

AND:

¶150

The State of Karnataka Through C.I.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, Represented by Public Prosecutor, High Court Building, Bangalore – 560 001.

¶151

Kannankara Mathai Thomas, Aged about 65 years, Son of Late K.G.Mathai, Kannankara House, Kuttupuzha P.O., Thiruvalla – 689 103, Kerala.

¶152

…RESPONDENTS

¶153

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶154

Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben Jacob, Advocate for Respondent No.2)

¶155

¶156

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to set aside the order dated 7.6.2016 passed in Crl.R.P.No.5/2013 by the court of LI Additional City Civil and Sessions Judge, Bangalore (CCH-52)

¶157

¶158

produced hereto as Annexure-A and also set aside the order dated 23.11.2012 passed by the I Additional Chief Metropolitan Magistrate, Bangalore in C.C.No.47358/2010 as produced as Annexure –B and consequently allow the discharge application dated 30.4.2012 filed in C.C.No.47358/2010 before the I Additional Chief Metropolitan Magistrate, Bangalore produced hereto as Annexure-C.

¶159

IN CRL.P.No.5645/2016

¶160

BETWEEN:

¶161

Joseph Chacko, Son of Late P.J.Chacko, Aged about 56 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶162

…PETITIONER

¶163

(By Shri Sandesh J. Chouta, Advocate)

¶164

AND:

¶165

The State of Karnataka Through C.I.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, Represented by Public Prosecutor, High Court Building, Bangalore – 560 001.

¶166

¶167

Jose Mathew, Son of Mathai Joseph, Aged about 63 years, Residing at P.O.Box No.5445, Jaddah 21422,

¶168

Saudi Arabia.

¶169

Mrs. Janet Jose, Wife of Jose Mathew, Aged about 55 years,

¶170

Both residing at Thottathil House Edakkara Post, Malappuram District, Kerala – 679 331.

¶171

…RESPONDENTS

¶172

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶173

Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben Jacob, Advocate for Respondent No.2)

¶174

¶175

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to set aside the order dated 7.6.2016 passed in Crl.R.P.No.9/2013 by the court of LI Additional City Civil and Sessions Judge, Bangalore (CCH-52) produced hereto as Annexure-A and also set aside the order dated 23.11.2012 passed by the I Additional Chief Metropolitan Magistrate, Bangalore in C.C.No.13199/2010 as produced as Annexure –B and consequently allow the discharge application dated 30.4.2012 filed in C.C.No.13199/2010 before the I Additional Chief Metropolitan Magistrate, Bangalore produced hereto as Annexure-C.

¶176

¶177

IN CRL.P.No.5656/2016

¶178

BETWEEN:

¶179

Joseph Chacko, Son of Late P.J.Chacko, Aged about 56 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶180

D. Manuel, Son of Late Devadas, Aged about 56 years, Residing at House No.373, Hormavu Agara, Hormave Post, Bangalore – 560 043.

¶181

Rita Chacko, Daughter of Late P.J.Chacko, Aged about 45 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶182

Tomy Joseph, Son of P.T.Joseph, Aged about 63 years, Residing at Skyline Montecarlo Apartment, No6E, Kanjikuzhi, Kottayam District,

¶183

¶184

Kerala – 686004.

¶185

Anish Abraham, Son of Abraham Thomas, Aged 33 years, Residing at 1/1, 20^th C Cross, Ejipura, Vivek Nagar, Bangalore – 560 047.

¶186

C.K.Mathew, Son of P.K.Korah, Aged: 53 years, Plot No.157, 158, Bethel House, Athma Vidya Nagar, Byrathi, Doddagubbi Road, Dr. ARK Nagar Post, Bangalore 560 077.

¶187

P.O.Rajan, Son of Late K. Oommen, Age: 51 years, Residing at No.183/2, Bethel Street, Hormavu Agara, Hormave Post, Bangalore – 560 043.

¶188

Stephen K. Varghese, Son of Thomas Varghese, Age: 70 years, No.364, 2B Cross, Rajanna Layout,

¶189

¶190

Hormavu Agara, Hormave Post, Bangalore – 560 043.

¶191

…PETITIONERS

¶192

(By Shri Sandesh J. Chouta, Advocate)

¶193

AND:

¶194

The State of Karnataka Through Nandagudi Police Station, Hoskote Taluk, Through the State Public Prosecutor, State of Karnataka, Represented by Public Prosecutor, High Court Building, Bangalore – 560 001.

¶195

John Cottagiri Varghese, Aged about 53 years, Son of Late C.T.Varghese, Verickolil Tharayil Anil Villa, Bharanikavu South – 690 503, Mavelikara, Kerala.

¶196

…RESPONDENTS

¶197

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶198

Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben Jacob, Advocate for Respondent No.2)

¶199

¶200

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to quash the FIR in Crime No.249/2016 pending investigation before the respondent No.1

¶201

¶202

Nandagudi Police Station, Bangalore passed by Civil Judge and Judicial Magistrate First Class Court, Hoskote produced as Annexure-A in so far these petitioners are concerned.

¶203

IN CRL.P.No.5657/2016

¶204

BETWEEN:

¶205

Joseph Chacko, Son of Late P.J.Chacko, Aged about 56 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶206

D. Manuel, Son of Late Devadas, Aged about 56 years, Residing at House No.373, Hormavu Agara, Hormave Post, Bangalore – 560 043.

¶207

Rita Chacko, Daughter of Late P.J.Chacko, Aged about 45 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶208

Tomy Joseph, Son of P.T.Joseph,

¶209

¶210

Aged about 63 years, Residing at Skyline Montecarlo Apartment, No6E, Kanjikuzhi, Kottayam District, Kerala – 686004.

¶211

Anish Abraham, Son of Abraham Thomas, Aged 33 years, Residing at 1/1, 20^th C Cross, Ejipura, Vivek Nagar, Bangalore – 560 047.

¶212

C.K.Mathew, Son of P.K.Korah, Aged: 53 years, Plot No.157, 158, Bethel House, Athma Vidya Nagar, Byrathi, Doddagubbi Road, Dr. ARK Nagar Post, Bangalore 560 077.

¶213

P.O.Rajan, Son of Late K. Oommen, Age: 51 years, Residing at No.183/2, Bethel Street, Hormavu Agara, Hormave Post, Bangalore – 560 043.

¶214

Stephen K. Varghese,

¶215

¶216

Son of Thomas Varghese, Age: 70 years, No.364, 2B Cross, Rajanna Layout, Hormavu Agara, Hormave Post, Bangalore – 560 043.

¶217

…PETITIONERS

¶218

(By Shri Sandesh J. Chouta, Advocate) AND:

¶219

The State of Karnataka Through Nandagudi Police Station, Hoskote Taluk, Through the State Public Prosecutor, State of Karnataka, Represented by Public Prosecutor, High Court Building, Bangalore – 560 001.

¶220

D.V.P.Shamsuddeen, Aged about 66 years, Son of Late Aboobacker Hajee T.B., Residing at Shams, Perimadom, Post New Mahe – 673 311, Kannoor District, Kerala.

¶221

…RESPONDENTS

¶222

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶223

¶224

Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben Jacob, Advocate for Respondent No.2)

¶225

¶226

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to quash the FIR in Crime No.250/2016 pending investigation before the respondent No.1 Nandagudi Police Station, Bangalore passed by Civil Judge and Judicial Magistrate First Class Court, Hoskote produced as Annexure-A in so far these petitioners are concerned.

¶227

IN CRL.P.No.4135/2013

¶228

BETWEEN:

¶229

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶230

…PETITIONER

¶231

(By Shri Sandesh J. Chouta, Advocate)

¶232

AND:

¶233

The State of Karnataka Through H &B, C.I.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, High Court Building, Bangalore – 560 001.

¶234

¶235

Mubarak Abdul Rehman, Son of C. Moidu, Aged about 70 years, Residing at No.16, 1^st Main, Lakshmi Layout, Munekolal, Marathahalli, Bangalore – 560 037.

¶236

…RESPONDENTS

¶237

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶238

Shri M.T.Nanaiah, Senior Advocate for Shri Dilraj J. Rohit Sequeria, Advocate for Respondent No.2)

¶239

¶240

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to A) set aside the order dated 23.12.2009 passed by the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class Court, Hoskote in C.C.No.1085/2009 produced hereto as Annexure-A. B) quash all further proceedings in C.C.No.1085/2009 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class Court, Hoskote, in so far as this petition is concerned.

¶241

IN CRL.P.No.4133/2013

¶242

BETWEEN:

¶243

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara,

¶244

¶245

Kalyan Nagar Post, Bangalore – 560 043.

¶246

…PETITIONER

¶247

(By Shri Sandesh J. Chouta, Advocate)

¶248

AND:

¶249

The State of Karnataka Through C.O.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, High Court Building, Bangalore – 560 001.

¶250

Mubarak Abdul Rehman, Son of C. Moidu, Aged about 70 years, Residing at No.16, 1^st Main, Lakshmi Layout, Munekolal, Marathahalli, Bangalore – 560 037.

¶251

…RESPONDENTS

¶252

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶253

Shri M.T.Nanaiah, Senior Advocate for Shri Prabhu Goud Thumbigi, Advocate for Respondent No.2)

all further proceedings in C.C.No.1083/2009 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class Court, Hoskote, in so far as this petition is concerned.

¶258

IN CRL.P.No.4131/2013

¶259

BETWEEN:

¶260

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶261

…PETITIONER

¶262

(By Shri Sandesh J. Chouta, Advocate)

¶263

AND:

¶264

The State of Karnataka

¶265

Through C.O.D., Bangalore, Through the State Public Prosecutor,

¶266

State of Karnataka, Represented by Public Prosecutor, High Court Building, Bangalore – 560 001.

¶267

T.M.V.Kunhi Ahmad, Son of Kunhi Abdul Haji, Aged about 51 years,

¶268

¶269

Bominadakkal Road, Valayam, Calicut District, Kerala – 673 517.

¶270

…RESPONDENTS

¶271

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶272

Shri M.T.Nanaiah, Senior Advocate for Shri Prabhu Goud Thumbigi, Advocate for Respondent No.2)

¶273

¶274

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to A) set aside the order dated 22.12.2009 passed by the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class Court, Hoskote in C.C.No.1081/2009 produced hereto as Annexure-A. B) quash all further proceedings in C.C.No.1081/2009 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class Court, Hoskote, in so far as this petition is concerned.

¶275

IN CRL.P.No.4132/2013

¶276

BETWEEN:

¶277

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶278

…PETITIONER

¶279

¶280

(By Shri Sandesh J. Chouta, Advocate)

¶281

AND:

¶282

The State of Karnataka Through C.O.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, Represented by Public Prosecutor, High Court Building, Bangalore – 560 001.

¶283

Kolladathil Ahmed, Son of Soopy, Aged about 55 years, Residing at Soofy Manzil, Ummathur Post, Parakkadavu, Calicut District, Kerala – 673 509.

¶284

…RESPONDENTS

¶285

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶286

Shri M.T.Nanaiah, Senior Advocate for Shri Prabhu Goud Thumbigi, Advocate for Respondent No.2)

¶287

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to A) set aside the order dated 22.12.2009 passed by the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class Court, Hoskote in C.C.No.1082/2009 produced hereto as Annexure-A. B) quash all further proceedings in C.C.No.1082/2009 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate

¶288

¶289

First Class Court, Hoskote, in so far as this petition is concerned.

¶290

IN CRL.P.No.4130/2013

¶291

BETWEEN:

¶292

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶293

…PETITIONER

¶294

(By Shri Sandesh J. Chouta, Advocate)

¶295

AND:

¶296

The State of Karnataka Through C.O.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, High Court Building, Bangalore – 560 001.

¶297

James Luke, Son of Joseph Juke, Kottayil House, Athirampura Post, Kottayam District, Kerala – 686 562.

¶298

¶299

…RESPONDENTS

¶300

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State; Shri M.T.Nanaiah, Senior Advocate for Shri Dilraj J. Rohit Sequeria, Advocate for Respondent No.2)

¶301

¶302

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to quash all further proceedings in C.C.No.810/2011 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote, in so far as this petition is concerned.

¶303

IN CRL.P.No.4127/2013

¶304

BETWEEN:

¶305

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶306

…PETITIONER

¶307

(By Shri Sandesh J. Chouta, Advocate)

¶308

AND:

¶309

The State of Karnataka

¶310

Through C.O.D., Bangalore,

¶311

Through the State Public Prosecutor,

¶312

¶313

State of Karnataka, Represented by Public Prosecutor, High Court Building, Bangalore – 560 001.

¶314

Baby Thomas, Son of K.J.Thomas, Aged about 50 years, Residing at Rose Garden Thayil, House No.651/652, 1^st Main, 16^th Cross, Pai Layout, Bangalore – 560 016.

¶315

…RESPONDENTS

¶316

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State; Respondent No.2 served)

¶317

¶318

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to A) set aside the order dated 24.6.2011 passed by the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class Court, Hoskote in C.C.No.644/2011 produced hereto as Annexure-A. B) quash all further proceedings in C.C.No.644/2011 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class Court, Hoskote, in so far as this petition is concerned.

¶319

IN CRL.P.No.5639/2016

¶320

BETWEEN:

¶321

Joseph Chacko, Son of Late P.J.Chacko,

¶322

¶323

Aged about 56 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043. …PETITIONER (By Shri Sandesh J. Chouta, Advocate)

¶324

AND:

¶325

The State of Karnataka Through C.I.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, Represented by Public Prosecutor, High Court Building, Bangalore – 560 001.

¶326

Smt. Vasudeva Asha, Wife of Sri. Nandakumar Menon, Aged about 57 years, Asha Bhavan, Thirikkakara North, Vadacode Post, via BMC, Kochi, Kerala – 682 021. Presently residing at C/o. Nandakumar Menon, National Bank of Kuwait, P.O.Box No.95 Safat, 13001 – Kuwait. …RESPONDENTS

¶327

¶328

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State; Shri Gururaj Joshi, Advocate for Respondent No.2)

¶329

¶330

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to set aside the order dated 7.6.2016 passed in Crl.R.P.No.3/2013 by the court of LI Additional City Civil and Sessions Judge, Bangalore produced hereto as Annexure-A and also set aside the order dated 23.11.2012 passed by the I Additional Chief Metropolitan Magistrate, Bangalore in C.C.No.36082/2010 as produced as Annexure –B and consequently allow the discharge application dated 30.4.2012 filed in C.C.No. 36082/2010 before the I Additional Chief Metropolitan Magistrate, Bangalore produced hereto as Annexure-C.

¶331

IN CRL.P.No.7740/2015

¶332

BETWEEN:

¶333

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶334

D. Manuel, Son of Late Devadas, Aged about 62 years, Residing at 373, Horamavu Agara, Horamavu Post, Bangalore – 560 021.

¶335

…PETITIONERS

¶336

¶337

(By Shri Sandesh J. Chouta, Advocate)

¶338

AND:

¶339

The State of Karnataka Through Kothanur Police Station, Bangalore, Through the State Public Prosecutor, State of Karnataka, High Court Building, Bangalore – 560 001.

¶340

Mr. Eric Samuel, Son of M.V.Samuel, Aged about 60 years, Residing at Mottackal House, Edamon P.O. Punalur, Kollam District, Kerala – 691 307.

¶341

…RESPONDENTS

¶342

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶343

Shri Gururaj Joshi, Advocate for Respondent No.2)

¶344

¶345

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to i) set aside the order dated 25.2.2015 passed by the XI Additional Chief Metropolitan Magistrate at Bengaluru in C.C.No.50327/2015 produced hereto as Annexure-A in so far as these petitioners are concerned. ii) quash all further proceedings in C.C.No.50327/2015 pending on the file of the XI Additional Chief Metropolitan Magistrate at Bengaluru in so far as these petitioners are concerned.

¶346

¶347

IN CRL.P.No.7739/2015 BETWEEN:

¶348

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶349

…PETITIONER (By Shri Sandesh J. Chouta, Advocate) AND:

¶350

The State of Karnataka Through Kothanur Police Station, Bangalore, Through the State Public Prosecutor, State of Karnataka, High Court Building, Bangalore – 560 001.

¶351

Joy Punnathundiyil Easow, Aged about 69 years, Son of Late t.M.Easow, Punnathgundiyil House, Kuriyannoor P.O., Pattanamthitta District, Kerala – 691 523.

¶352

…RESPONDENTS (By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶353

¶354

Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben Jacob, Advocate for Respondent No.2)

¶355

¶356

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to i) set aside the order dated 1.8.2015 passed by the XI Additional Chief Metropolitan Magistrate at Bengaluru in C.C.No.50439/2015 produced hereto as Annexure-A ii) quash all further proceedings in C.C.No.50439/2015 pending on the file of the XI Additional Chief Metropolitan Magistrate at Bengaluru.

¶357

IN CRL.P.No.5679/2013

¶358

BETWEEN:

¶359

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶360

D. Manuel, Son of Late Devadas, Aged about 62 years, Residing at 373, Horamavu Agara, Horamavu Post, Bangalore – 560 021.

¶361

…PETITIONERS (By Shri Sandesh J. Chouta, Advocate)

¶362

¶363

AND:

¶364

The State of Karnataka Through Kothanur Police Station, Bangalore, Through the State Public Prosecutor, State of Karnataka, High Court Building, Bangalore – 560 001.

¶365

Mubarak Abdul Rahman, Son of Late C. Moidu, Aged about 69 years, Residing at No.16, 1^st Main, Lakshmi Layout, Munekolal, Marathahalli, Bangalore – 560 037.

¶366

…RESPONDENTS

¶367

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶368

Shri M.T.Nanaiah, Senior Advocate for Shri Prabhu Goud Thumbigi, Advocate for Respondent No.2)

¶369

¶370

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to i) set aside the order dated 29.5.2013 passed by the XI Additional Chief Metropolitan Magistrate at Bengaluru in PCR No.50274/2013 produced hereto as Annexure-A. ii) quash all further proceedings in PCR No.50274/2013 pending on the file of the XI Additional Chief Metropolitan Magistrate at Bengaluru in so far as these petitioners are concerned.

¶371

¶372

IN CRL.P.No.4138/2013

¶373

BETWEEN:

¶374

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶375

…PETITIONER

¶376

(By Shri Sandesh J. Chouta, Advocate)

¶377

AND:

¶378

The State of Karnataka Through H & B, C.I.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, High Court Building, Bangalore – 560 001.

¶379

George Kuruvilla, Son of Kuruvilla Jacob, Aged about 63 years, Residing at C-5, Ullas Nagar, Peroorkada, Trivendrum, Kerala – 695 005.

¶380

…RESPONDENTS

¶381

¶382

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State; Respondent No.2 served)

¶383

¶384

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to A) set aside the order dated 31.12.2009 passed by the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class Court, Hoskote in C.C.No.1102/2009 produced hereto as Annexure-A. B) quash all further proceedings in C.C.No.1102/2009 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class Court, Hoskote, in so far as this petition is concerned.

¶385

IN CRL.P.No.4137/2013

¶386

BETWEEN:

¶387

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶388

…PETITIONER

¶389

(By Shri Sandesh J. Chouta, Advocate)

¶390

AND:

¶391

The State of Karnataka Through H & B, C.I.D., Bangalore,

¶392

¶393

Through the State Public Prosecutor, State of Karnataka, High Court Building, Bangalore – 560 001.

¶394

Thomas Malayil Mathews,

¶395

Son of Valikalayil Thomas, Represented by GPA Holder:

¶396

Cynthia Monthero, Daughter of K.V.Augustin, Residing at Casmir Compound, Attavara, Babugudda,

¶397

Mangalore – Dakshina Kannada 575 001.

¶398

…RESPONDENTS

¶399

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶400

Shri M.T.Nanaiah, Senior Advocate for Shri Dilraj J Rohit Sequeira, Advocate for Respondent No.2)

¶401

¶402

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to A) set aside the order dated 23.12.2009 passed by the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class Court, Hoskote in C.C.No.1087/2009 produced hereto as Annexure-A. B) quash all further proceedings in C.C.No.1087/2009 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class Court, Hoskote, in so far as this petition is concerned.

¶403

IN CRL.P.No.4099/2013

BETWEEN:

Joseph Chacko,

Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶408

…PETITIONER (By Shri Sandesh J. Chouta, Advocate)

¶409

AND:

¶410

The State of Karnataka Through C.O.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, Represented by Public Prosecutor, High Court Building, Bangalore – 560 001.

¶411

Shaji Daniel Son of K.C. Daniel, represented by GPA Aji K. Mattew, Residing at Kulangara Vayali House Valor Post Office, Kottayam, Kerala 686 504.

¶412

…RESPONDENTS (By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State; Shri M.T. Nanaiah, Senior Advocate for Shri Dilraj J. Rohit Sequeira, Advocate for Respondent No.2)

¶413

¶414

¶415

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to A) set aside the order dated 17.4.2010 passed by the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote in C.C.No.271/2010 produced hereto as Annexure-A. B) quash all further proceedings in C.C.No.271/2010 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote, in so far as this petition is concerned.

¶416

IN CRL.P.No.4100/2013

¶417

BETWEEN:

¶418

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶419

…PETITIONER

¶420

(By Shri Sandesh J. Chouta, Advocate)

¶421

AND:

¶422

The State of Karnataka Through H & B, C.I.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, Represented by

¶423

¶424

Public Prosecutor, High Court Building, Bangalore – 560 001.

¶425

Kalluthiyil Aboobakkar, Son of Kunchahamed Haji, Aged about 63 years, Post Chekiyad, Parkkadavu, Kozhikode District, Kerala- 673 509.

¶426

…RESPONDENTS

¶427

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State; Respondent No.2 served)

¶428

¶429

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to set aside the order dated 22.4.2010 passed by the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote in C.C.No.288/2010 produced hereto as Annexure-A. Quash all further proceedings in C.C.No.288/2010 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote, in so far as this petition is concerned.

¶430

IN CRL.P.No.4101/2013

¶431

BETWEEN:

¶432

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara,

¶433

¶434

Kalyan Nagar Post, Bangalore – 560 043.

¶435

…PETITIONER

¶436

(By Shri Sandesh J. Chouta, Advocate)

¶437

AND:

¶438

The State of Karnataka Through H & B, C.I.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, High Court Building,

¶439

Bangalore – 560 001.

¶440

Francis Xavier Mendes, Son of Anthony Mendes, Aged about 62 years, P.O.Box No.44005, Hawally 320055, Kuwait.

¶441

…RESPONDENTS

¶442

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶443

Shri M.T.Nanaiah, Senior Advocate for Shri Prabhu Goud Thumbigi, Advocate for Respondent No.2)

¶444

¶445

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to A) set aside the order dated 19.5.2010 passed by the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote in C.C.No.322/2010 produced hereto as Annexure-A. B) quash all further proceedings in C.C.No.322/2010 pending on the file

¶446

¶447

of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote, in so far as this petition is concerned.

¶448

IN CRL.P.No.4105/2013

¶449

BETWEEN:

¶450

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶451

…PETITIONER

¶452

(By Shri Sandesh J. Chouta, Advocate)

¶453

AND:

¶454

The State of Karnataka Through C.O.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, High Court Building, Bangalore – 560 001.

¶455

Sam Philip, Son of P.M.Philip, Aged about 52years, Residing at No.1496, E Block, 6^th Main, AECS Layout, ITPL Road,

Kundahalli,

Bangalore – 560 037.

…RESPONDENTS

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶461

Shri M.T.Nanaiah, Senior Advocate for Shri Dilraj J. Rohit Sequeira, Advocate for Respondent No.2)

¶462

¶463

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to A) set aside the order dated 5.6.2010 passed by the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote in C.C.No.361/2010 produced hereto as Annexure-A. B) quash all further proceedings in C.C.No.361/2010 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote, in so far as this petition is concerned.

¶464

IN CRL.P.No.4107/2013

¶465

BETWEEN:

¶466

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶467

…PETITIONER (By Shri Sandesh J. Chouta, Advocate)

¶468

¶469

AND:

¶470

The State of Karnataka Through C.O.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, High Court Building, Bangalore – 560 001.

¶471

Kanoth Yousef, Son of Late Kunju Moosa, Aged about 55 years, Residing at Chendayad Post, Via Panoor, Talassery, Kannur District, Kerala – 670 101.

¶472

…RESPONDENTS

¶473

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶474

Shri M.T.Nanaiah, Senior Advocate for Shri Prabhu Goud Thumbigi, Advocate for Respondent No.2)

¶475

¶476

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to quash all further proceedings in C.C.No.366/2010 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote, in so far as this petition is concerned.

¶477

IN CRL.P.No.4115/2013

BETWEEN:

Joseph Chacko,

Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶482

…PETITIONER

¶483

(By Shri Sandesh J. Chouta, Advocate)

¶484

AND:

¶485

The State of Karnataka Through C.O.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, High Court Building, Bangalore – 560 001.

¶486

Thomas T, Son of Late K.G.Thomas, Aged about 74 years, Residing at G 207, Canal Road, Panambally Nagar, Cochin, Kerala – 682 001.

¶487

…RESPONDENTS

¶488

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State; Respondent No.2 served)

¶489

¶490

¶491

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to A) set aside the order dated 30.6.2010 passed by the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote in C.C.No.421/2010 produced hereto as Annexure-A. B) quash all further proceedings in C.C.No.421/2010 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote, in so far as this petition is concerned.

¶492

IN CRL.P.No.4126/2013

¶493

BETWEEN:

¶494

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶495

…PETITIONER

¶496

(By Shri Sandesh J. Chouta, Advocate)

¶497

AND:

¶498

The State of Karnataka

¶499

Through C.O.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, High Court Building, Bangalore – 560 001.

¶500

¶501

Mathew Puthen P.M., Son of Puthan Prayil,

¶502

Aged about 45 years,

¶503

Puthan Purayil House,

¶504

Akambady Post,

¶505

Nangiarkulagara,

¶506

Alleppey District, Kerala – 690 513.

¶507

…RESPONDENTS

¶508

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶509

Shri M.T.Nanaiah, Senior Advocate for Shri Dilraj J. Rohit Sequeira, Advocate Respondent No.2 )

¶510

¶511

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to A) set aside the order dated 24.6.2011 passed by the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote in C.C.No.617/2011 produced hereto as Annexure-A. B) quash all further proceedings in C.C.No.617/2011 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote, in so far as this petition is concerned.

¶512

IN CRL.P.No.4089/2013

¶513

BETWEEN:

¶514

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue,

¶515

¶516

Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043. …PETITIONER (By Shri Sandesh J. Chouta, Advocate)

¶517

AND:

¶518

The State of Karnataka Through C.O.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, High Court Building, Bangalore – 560 001.

¶519

S. Samuel, Son of Late G. Samuel, Aged about 68 years, Residing at 2D, Cleef Del Apartment, Nandan Code, TC11/1223, YMR Layout, Trivendrum Kerala – 695 001.

¶520

…RESPONDENTS

¶521

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State; Shri M.T.Nanaiah, Senior Advocate for Shri Dilraj J. Rohit Sequeira, Advocate Respondent No.2 )

¶522

¶523

¶524

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to A) set aside the order dated 22.2.2010 passed by the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote in C.C.No.78/2010 produced hereto as Annexure-A. B) quash all further proceedings in C.C.No.78/2010 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote, in so far as this petition is concerned.

¶525

IN CRL.P.No.4090/2013

¶526

BETWEEN:

¶527

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶528

…PETITIONER

¶529

(By Shri Sandesh J. Chouta, Advocate)

¶530

AND:

¶531

The State of Karnataka

¶532

Through C.O.D., Bangalore,

¶533

Through the State Public Prosecutor, State of Karnataka, High Court Building, Bangalore – 560 001.

¶534

¶535

Joy Punnathundiyil Easow, Son of Late T.M.Easow, Aged about 71 years, Residing at Punnathundiyil House, Pattanamthitta District, Kerala – 691 523.

¶536

…RESPONDENTS

¶537

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶538

Shri M.T.Nanaiah, Senior Advocate for Shri Dilraj J. Rohit Sequeira, Advocate Respondent No.2 )

¶539

¶540

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to A) set aside the order dated 22.2.2010 passed by the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote in C.C.No.79/2010 produced hereto as Annexure-A. B) quash all further proceedings in C.C.No.79/2010 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote, in so far as this petition is concerned.

¶541

IN CRL.P.No.4091/2013

¶542

BETWEEN:

¶543

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶544

…PETITIONER

¶545

¶546

(By Shri Sandesh J. Chouta, Advocate)

¶547

AND:

¶548

The State of Karnataka Through C.O.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, High Court Building, Bangalore – 560 001.

¶549

Mary Ninan, Wife of Late Ninan Chandy, Aged about 57 years, Residing at Flat No.203, Jericho Genesis, Vodrapalya, Horamavu Agara, Bangalore – 560 043.

¶550

…RESPONDENTS

¶551

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶552

Shri M.T.Nanaiah, Senior Advocate for Shri Prabhugoud B. Tumbigi, Advocate Respondent No.2 )

¶553

¶554

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to A) set aside the order dated 22.2.2010 passed by the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote in C.C.No.80/2010 produced hereto as Annexure-A. B) quash all further proceedings in C.C.No.80/2010 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote, in so far as this petition is concerned.

¶555

¶556

IN CRL.P.No.4095/2013

¶557

BETWEEN:

¶558

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶559

…PETITIONER (By Shri Sandesh J. Chouta, Advocate)

¶560

AND:

¶561

The State of Karnataka Through C.O.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, High Court Building, Bangalore – 560 001.

¶562

Janet Jose, Wife of Jose Mathew, Aged about 57 years, Flat No.206, S.S.Paradise, Horamavu Main Road, Munireddy Layout, Kalyan Nagar Post, Bangalore – 560 043.

¶563

…RESPONDENTS

¶564

¶565

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State; Shri Narayana Reddy M., Advocate Respondent No.2 )

¶566

¶567

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to A) set aside the order dated 23.3.2010 passed by the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote in C.C.No.159/2010 produced hereto as Annexure-A. B) quash all further proceedings in C.C.No.159/2010 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote, in so far as this petition is concerned.

¶568

IN CRL.P.No.4096/2013

¶569

BETWEEN:

¶570

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶571

…PETITIONER

¶572

(By Shri Sandesh J. Chouta, Advocate)

¶573

AND:

¶574

The State of Karnataka Through C.O.D., Bangalore, Through the State Public Prosecutor,

¶575

¶576

State of Karnataka, High Court Building, Bangalore – 560 001.

¶577

Jose Mathew,

¶578

Son of Mathai Joseph, Aged about 57 years, Residing at Flat No.206,

¶579

S.S.Paradise,

¶580

Horamavu Main Road,

¶581

Munireddy Layout, Kalyan Nagar Post, Bangalore – 560 043.

¶582

…RESPONDENTS

¶583

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶584

Shri M.T.Nanaiah, Senior Advocate for Shri Dilraj J. Rohit Sequeira, Advocate Respondent No.2 )

¶585

¶586

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to A) set aside the order dated 23.3.2010 passed by the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote in C.C.No.160/2010 produced hereto as Annexure-A. B) quash all further proceedings in C.C.No.160/2010 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote, in so far as this petition is concerned.

¶587

IN CRL.P.No.4098/2013

BETWEEN:

Joseph Chacko,

Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶592

…PETITIONER (By Shri Sandesh J. Chouta, Advocate)

¶593

AND:

¶594

The State of Karnataka Through H & B, C.I.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, Represented by Public Prosecutor, High Court Building, Bangalore – 560 001.

¶595

Christudhas Herbert Sathidas, Son of G. Christudas, Aged about 57 years, No.1134, M.G.Nilyam, 12^th Main , 5^th Cross, Prakash Nagara, Bangalore – 560 021.

¶596

…RESPONDENTS

¶597

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State; Shri Raghavendra, Advocate Respondent No.2 )

¶598

¶599

¶600

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to set aside the order dated 9.4.2010 passed by the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote in C.C.No.218/2010 produced hereto as Annexure-A. B) quash all further proceedings in C.C.No.218/2010 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote, in so far as this petition is concerned.

¶601

IN CRL.P.No.4079/2013

¶602

BETWEEN:

¶603

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶604

…PETITIONER

¶605

(By Shri Sandesh J. Chouta, Advocate)

¶606

AND:

¶607

The State of Karnataka Through H & B, C.I.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, High Court Building, Bangalore – 560 001.

¶608

Gigi Mangad Thomas,

¶609

¶610

Son of Vadakothil Chacko Thomas, Aged about 50 years, Residing at Mangatt House, Pullada Post, Tiruvalla, Pattanamthitta, Kerala – 689 548.

¶611

…RESPONDENTS

¶612

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶613

Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben Jacob, Advocate Respondent No.2 )

¶614

¶615

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to set aside the order dated 1.1.2010 passed by the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote in C.C.No.2/2010 produced hereto as Annexure-A. Quash all further proceedings in C.C.No.2/2010 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote, in so far as this petition is concerned.

¶616

IN CRL.P.No.4083/2013

¶617

BETWEEN:

¶618

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶619

…PETITIONER

¶620

¶621

(By Shri Sandesh J. Chouta, Advocate)

¶622

AND:

¶623

The State of Karnataka Through C.O.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, High Court Building, Bangalore – 560 001.

¶624

K.T.Mathew, Son of P.M.Thomas, Aged about 60 years, Residing at Pedikkattunnel, Chukakunnu P.O., Kelakaom, Kannur, Kerala – 670 651. …RESPONDENTS

¶625

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶626

Shri M.T.Nanaiah, Senior Advocate for Shri Prabhu Goud B. Thumbagi, Advocate Respondent No.2 )

¶627

¶628

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to A) set aside the order dated 17.2.2010 passed by the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote in C.C.No.71/2010 produced hereto as Annexure-A. B) quash all further proceedings in C.C.No.71/2010 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote, in so far as this petition is concerned.

¶629

¶630

IN CRL.P.No.4084/2013

¶631

BETWEEN:

¶632

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043. (By Shri Sandesh J. Chouta, Advocate) AND:

¶633

…PETITIONER

¶634

The State of Karnataka Through C.O.D., Bangalore, Through the State Public Prosecutor, State of Karnataka, High Court Building, Bangalore – 560 001.

¶635

Lilly Thomas, Wife of P.J.Thomas, Aged about 60 years, Residing at Paikattu House, East Angadi, Kalady Road, Angamally P.O., Ernakulam, Kerala – 670 651.

¶636

…RESPONDENTS

¶637

¶638

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State; Shri Gururaj Joshi, Advocate Respondent No.2 )

¶639

¶640

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to A) set aside the order dated 17.2.2010 passed by the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote in C.C.No.72/2010 produced hereto as Annexure-A. B) quash all further proceedings in C.C.No.72/2010 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote, in so far as this petition is concerned.

¶641

IN CRL.P.No.4086/2013

¶642

BETWEEN:

¶643

Joseph Chacko, Son of Late P.J.Chacko, Aged about 52 years, Residing at 176/B, Park Avenue, Horamavu Agara, Kalyan Nagar Post, Bangalore – 560 043.

¶644

…PETITIONER

¶645

(By Shri Sandesh J. Chouta, Advocate)

¶646

AND:

¶647

The State of Karnataka

¶648

Through H &B, C.I.D., Bangalore,

¶649

Through the State Public Prosecutor,

¶650

¶651

State of Karnataka, High Court Building, Bangalore – 560 001.

¶652

Mubarak Abdul Rehman, Son of C. Moidu, Aged about 70 years, Residing at No.16, 1^st Main, Lakshmi Layout, Munekolal, Marathahalli, Bangalore – 560 037.

¶653

…RESPONDENTS

¶654

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶655

Shri M.T.Nanaiah, Senior Advocate for Shri Dilraj J. Rohit Sequeira, Advocate Respondent No.2 )

¶656

¶657

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to A) set aside the order dated 19.2.2010 passed by the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote in C.C.No.75/2010 produced hereto as Annexure-A. B) quash all further proceedings in C.C.No.75/2010 pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Hoskote, in so far as this petition is concerned.

¶658

IN CRL.P.No.4729/2010

¶659

BETWEEN:

¶660

Joseph Chacko, Son of Late P.J.Chacko, Aged about 47 years, Residing at 176/B, Park Avenue,

¶661

¶662

Horamavu Agara, Babusab Palya, Kalyan Nagar Post, Bangalore – 560 043.

¶663

…PETITIONER

¶664

(By Shri A.K.Subbaiah, Advocate)

¶665

AND:

¶666

State of Karnataka,

¶667

By Hoskote Police.

¶668

Prof. Issac Abraham,

¶669

Son of Late K.C.Abraham,

¶670

Aged about 54 years,

¶671

Residing at Kidangalil Kizhakeparampil, Kozhenchery East P.O., Kerala.

¶672

…RESPONDENTS

¶673

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶674

Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben Jacob, Advocate Respondent No.2 )

¶675

¶676

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to quash the entire proceedings in Crime No.309/2009 of Hosakote Police Station, Bangalore District now pending as C.C.No.770/2010 before the Additional Chief Judicial magistrate, Bangalore (Rural) District, Bangalore, for the offences punishable under Sections 465, 468, 471, 420 of IPC and allowing this application.

¶677

¶678

IN CRL.P.No.4732/2010

¶679

BETWEEN:

¶680

Joseph Chacko, Son of Late P.J.Chacko, Aged about 47 years, Residing at 176/B, Park Avenue, Horamavu Agara, Babusab Palya, Kalyan Nagar Post, Bangalore – 560 043.

¶681

…PETITIONER

¶682

(By Shri A.K.Subbaiah, Advocate)

¶683

AND:

¶684

State of Karnataka,

¶685

By Hoskote Police.

¶686

Oommen Alexander, Son of Late K.C.Alexander, Aged about 58 years, Residing at No. Ulluruppil House, Nangiarkulagara, Alleppey District, Kerala.

¶687

…RESPONDENTS

¶688

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶689

Shri M.T.Nanaiah, Senior Advocate for Shri Dilraj J Rohit Sequeria, Advocate Respondent No.2 ) *****

¶690

¶691

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to quash the entire proceedings in Crime No.341/2009 of Hosakote Police Station, Bangalore District now pending as C.C.No.851/2010 before the Additional Chief Judicial Magistrate, Bangalore (Rural) District, Bangalore, for the offences punishable under Sections 465, 468, 471, 420 of IPC and allowing this application.

¶692

IN CRL.P.No.4735/2010

¶693

BETWEEN:

¶694

Joseph Chacko, Son of Late P.J.Chacko, Aged about 50 years, Residing at 176/B, Park Avenue, Horamavu Agara, Babusab Palya, Kalyan Nagar Post, Bangalore – 560 043.

¶695

…PETITIONER

¶696

(By Shri A.K.Subbaiah, Advocate)

¶697

AND:

¶698

The State of Karnataka, Through Hoskote Police Station, Represented by its Public Prosecutor, High Court of Karnataka, Bangalore – 560 001.

¶699

Mr. George Varghese, Son of K.P.George,

¶700

¶701

Aged about 47 years, Vice President of Athina, Town Ship Welfare Society, No.10, Venkateshappa Building, Kammanahalli Main Road, Bangalore – 560 084.

¶702

…RESPONDENTS

¶703

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶704

Shri K.S.Harish, Advocate Respondent No.2 )

¶705

¶706

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to quash the entire proceedings in Crime No.60/2007 of Hosakote Police Station, Bangalore District now pending as C.C.No.2449/2010 before the Additional Chief Judicial magistrate, Bangalore (Rural) District, Bangalore, for the offences punishable under Sections 465, 468, 471, 420 of IPC and allowing this application.

¶707

IN CRL.P.No.4737/2010

¶708

BETWEEN:

¶709

Joseph Chacko, Son of Late P.J.Chacko, Aged about 50 years, Residing at 176/B, Park Avenue, Horamavu Agara, Babusab Palya, Kalyan Nagar Post, Bangalore – 560 043.

¶710

…PETITIONER (By Shri A.K.Subbaiah, Advocate)

¶711

¶712

AND:

¶713

The State of Karnataka, Through Banaswadi Police Station, Represented by its Public Prosecutor, High Court of Karnataka,

¶714

Bangalore – 560 001.

¶715

K. George Varghese, Son of K.V.George, Aged about 49 years, Residing at No.304, 5^th Main, HRBR –II, Kalyan Nagar Post, Bangalore – 560 043.

¶716

…RESPONDENTS

¶717

(By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State; Shri Gururaj Joshi, Advocate Respondent No.2 )

¶718

¶719

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to quash the entire proceedings in Crime No.121/2010 of Banaswadi Police Station, Bangalore City now pending as C.C.No.24784/2010 before the XI Additional Chief Metropolitan Magistrate, Bangalore, for the offences punishable under Sections 507, 506 read with 34 of IPC and allowing this application.

¶720

¶721

IN CRL.P.No.4728/2010

¶722

BETWEEN:

¶723

Joseph Chacko, Son of Late P.J.Chacko, Aged about 50 years, Residing at 176/B, Park Avenue, Horamavu Agara, Babusab Palya, Kalyan Nagar Post, Bangalore – 560 043.

¶724

…PETITIONER

¶725

(By Shri A.K.Subbaiah, Advocate)

¶726

AND:

¶727

The State of Karnataka, Through Hoskote Police Station, Represented by its Public Prosecutor, High Court of Karnataka, Bangalore – 560 001.

¶728

Mr. Tom Joseph, Son of R.V.Joseph, Major, Residing at Ramapurath House, Athirampurzha Post, Kottayam District, Kerala.

¶729

…RESPONDENTS (By Shri Vijaykumar Majage, Additional State Public Prosecutor for Respondent No.1/State;

¶730

¶731

Shri Jayakumar S.Patil, Senior Advocate for Shri Reuben Jacob, Advocate Respondent No.2 )

¶732

¶733

This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to quash the entire proceedings in Crime No.307/2009 of Hosakote Police Station, Bangalore District now pending as C.C.No.769/2010 before the Additional Chief Judicial magistrate, Bangalore (Rural) District, Bangalore, for the offences punishable under Sections 465, 468, 471, 420 of IPC and allowing this application.

¶734

These petitions having been heard and reserved on 27.1.2017 and coming on for pronouncement of orders this day, the Court delivered the following:-

¶735

O R D E R

¶736

These petitions are heard and disposed of by this

¶737

common order, as the first petitioner is common in all these cases.

¶738

The facts and circumstances are almost identical in

¶739

each case as would be evident from the particulars furnished.

¶740

The only distinguishing feature is that in some of these cases the petitioner had filed applications under Section 239 of the

¶741

Code of Criminal Procedure, 1973 (Hereinafter referred to as

¶742

¶743

'the Cr.P.C.', for brevity) before the trial court which have been uniformly dismissed and those orders have been confirmed in revision petitions filed under Section 397 of the Cr.P.C. However, the petitioner has invoked Section 482 Cr.P.C. in filing these petitions before this court and hence all the petitions, including the petitions which are filed even at the initial stage of the proceedings before the trial court, are considered together for the sake of convenience and to avoid prolixity without however, jeopardizing the consideration of the merits of the case as canvassed by both sides.

¶744

The facts briefly stated are as follows. The first petitioner is said to be a real estate and land developer. He is said to have developed residential layouts in and around Bangalore city for the last several decades. He is said to have marketed the lands so developed and had clients in India and abroad. The areas around Bangalore City in which he had formed residential layouts included areas such as Yerrappana

¶745

¶746

halli, Bendiganahalli,Doddanallurahalli, Kylasanahalli, Byrathi, Doddagubbi & Bileshivale, etc. It is the claim of the petitioner that in almost all cases he had purchased the lands free from encumbrances and had thereafter developed the same. The several townships said to have been developed were given exotic names such as Ashiana, Elysium, Athena Heavens, Gracia Greens, Planet Regency & West Avenue Fields.

¶747

The residential plots so formed are said to have been sold to many non-resident Indians who are said to have purchased the same under Sale deeds duly registered in their favour. Approximately about 1500 sale deeds are said to have been executed between the period 1994 to 1998 with prices of the residential plots ranging from Rs.55,000/- to Rs.2 lakh.

¶748

It is alleged that one George Verghese had purchased a plot of land in one of the residential layouts formed by the first petitioner. He is then said to have approached the petitioner claiming that he was unemployed and had sought employment

¶749

¶750

under the petitioner. It is claimed that he was appointed by the petitioner as a caretaker of the several residential layouts formed by him. It is further alleged that after such engagement, the said Verghese had joined hands with one Shanker Reddy and had hatched a conspiracy to deprive the petitioner, as according to the petitioner - and as deduced by him later, Shanker Reddy and his uncle one Ramamurthy had noticed that several plots of land sold to NRI's were lying vacant and they were interested in purchasing the same and had been pressurizing the petitioner to sell the same to them. But however the petitioner had pointed out that it was not in his hands to sell the same. But it is claimed that Verghese who was privy to the entire data base of the petitioner's clientele had misused the same along with Shanker Reddy and Murthy and others including the partners and agents of one M/s City Scape Properties are said to have illegally occupied one of the townships formed by the petitioner and planted bill boards announcing that the said property had been sold by the

¶751

¶752

petitioner to them. Thereafter, it is claimed, that the said parties with the active connivance of Verghese had contacted the NRI's who had purchased plots from the petitioner in the said township and informed them that the plots could not have been sold to them as there was a defect in title and are said to have offered to purchase the same and are said to have suggested that criminal cases be filed against the petitioner. It is claimed that the petitioner who belatedly became aware of this diabolic plot, is said to have issued public notices denying the claims of City

¶753

Scape Properties .

¶754

But it is stated that Verghese had obtained permission from a large number of NRI's to file criminal complaints on their behalf against the petitioner. And hence about 137 identical criminal complaints were said to have been filed over the years. Of these cases, 93 cases have either been settled amicably between the parties or the same have been disposed of on the ground that unless the subsisting sale deeds were set at naught, no criminality could be attached to it by third parties

¶755

¶756

who had claimed fraud on the part of the petitioner. These petitions pertain to the remaining 44 cases.

¶757

It is the case of the petitioner that George Verghese

¶758

and others associated with M/s City Scape properties had embarked on a sustained stratagem to usurp the lands in a particular township developed by the petitioner and in pursuance of the same - Verghese is said to have filed a civil suit in OS 392 / 2007 wherein he had mischievously alleged that the petitioner along with Shanker Reddy and one Mohan Kumar had trespassed on the suit property, which was incidentally a township said to have been developed by the petitioner, and razed it to the ground in demolishing compound walls around vacant sites and effacing boundary marks. This was in February 2007. The said Reddy and Kumar are said to have entered appearance in the suit and are said to have filed a joint written Statement to the effect that they had no objection for possession to be delivered to Verghese. The petitioner is

¶759

¶760

also said to have filed his written statement in the suit, highlighting the collusion between Verghese and the others. It transpires that the trial court rejected the prayer for temporary injunction on a consideration of the pleadings and the suit has been abandoned for all purposes.

¶761

Thereafter, Verghese is said to have entered into an agreement of sale in respect of the very land with one Channakeshava and Muniraju for a price of Rs.1.35 crore per acre. Shanker Reddy is said to be the witness to the agreement, which is another instance of the fraudulent motives of the said parties that the petitioner seeks to highlight.

¶762

As a result of the sustained campaign carried out by Verghese in misinforming purchasers of plots of land from the petitioner, who were all residing abroad and were dependant on remote information as to the status of their property were said to have been prompted to file criminal cases against the petitioner and that Verghese had even prepared stereotyped complaints which began to be filed by him on behalf of those

¶763

¶764

persons, against the petitioner. Apart from this Verghese is said to have convinced a large number of such non-resident plot owners living abroad to authorize him and one Muniraju to act on their behalf to approach revenue authorities to seek change of mutation entries and to perform other acts in respect of their properties. Shanker Reddy was said to be a witness to the agreement so entered into.

¶765

It further transpires that the said Verghese and others had proceeded to obtain General Power of Attorney from the erstwhile land owners who had sold the lands in question to the petitioner and had them registered in Gudibanda, Chikkaballapur District, since the local Sub-Registrar had been intimated in writing of such possible fraud by Verghese and others. And on the basis of the said GPA's and taking advantage of the fact that mutation entries continued in the name of the erstwhile land owners had proceeded to convey the same lands already sold by the petitioner.

¶766

¶767

In the above background it is contended that the

¶768

complainants in every single complaint are not alleging that the sale deed in their favour in respect of particular plots of land is a forgery or a got up document. There is no denial of the same being a registered document. In which event any assertion as to the dimension, location or other lacuna as to title to the property involved would necessarily have to be agitated in an appropriate civil court and cannot be the subject matter of a criminal proceeding. In other words, it is contended that if once it is adjudicated before a civil court and demonstrated that the petitioner had sought to convey a title which he did not possess and that this was to his knowledge, it is possible that he may also be prosecuted in criminal law. However, the present proceedings would necessarily require the criminal court to enquire into the title to the property to proceed further in addressing the validity or otherwise of the sale transaction in question. This, it is contended, is without the jurisdiction of the criminal court.

¶769

¶770

The learned counsel for the petitioner would further point

¶771

out that a large number of petitions by this very petitioner along with others have been allowed on the very ground urged above as per Order dated 25.10.2016 in Criminal Petition 4081/2013 and connected cases by this very Bench. And hence seeks that these petitions may also be allowed on the same token of reasoning.

¶772

On the other hand the learned counsel for the private

¶773

respondents vehemently oppose the petitions.

¶774

Incidentally, in the course of these proceedings an

¶775

attempt was made at an amicable settlement, in ensuring that each of the respondent land holders be put in possession of an extent of land corresponding to what has been purchased by each of them in the property said to have been developed by the petitioner. Or in the alternative for the petitioner to buy back the land covered under their respective sale deeds. After a

¶776

¶777

sustained effort, with the appointment of a court commissioner

¶778

and the assistance of the Revenue authorities the proposals came to naught.

¶779

It is the strong contention of the private respondents that the sale deeds executed in their favour are fraudulent for more than one reason. It is pointed out that firstly, that the same are unilateral. In that, they are executed and registered by the petitioner without the purchaser or any representative being present. Secondly, the description of the property is vague and in fact is in respect of non-existent or property which cannot be identified with reference to metes and bounds. Thirdly, the petitioner was never the absolute owner of the property as claimed at the time of entering into an agreement of sale and it is found that he was merely a power of attorney holder for the actual owner. Fourthly, the revenue authorities have confirmed that there are no such properties culled out from the agricultural land and the land originally identified by a survey number as agricultural land. And that the property sold to each of the

¶780

¶781

petitioners is claimed to have been culled out from what was identified by a survey number as agricultural land but has been subsequently subjected to house property tax in distinct parcels, and no longer treated as agricultural land, which assertion is discovered to be false and misleading - as there are no official record available in this regard. The so called revenue records furnished to effect the sales are found to be false and forged. Fifthly, there is a serious dispute as regards title as third parties have opposed the entry of the private respondents on the land. Sixthly, the so called townships said to have been developed by the petitioner are non -existent and the land even today remains as vacant agricultural land without any development as a so called residential layout. There is no possibility of accommodating the so called sites depicted in a so called layout plan that was first disclosed in the land now sought to be shown, over which the said sites are said to have been formed. In that, going by the dimensions of the sites - there would be no land available to form common facilities such as roads and

¶782

¶783

other infrastructure. It is also alleged that there may be lack of access to the property itself.

¶784

The learned counsel have placed reliance on a large

¶785

number of decisions of the Apex court to contend that the High Court in exercise of power under Section 482 of the Code of Criminal Procedure, 1973, can quash proceedings to prevent abuse of process of court or to secure ends of justice. This is when it is found that the allegations in the FIR or complaint do not disclose the commission of any offence - when even on face value the allegations are taken to be true and accurate, in entirety. And that this court ought not to embark upon appreciation of evidence but is to consider only the material on record to ascertain whether the allegations in the complaint fulfil the ingredients of the offences alleged. And though the dispute may be primarily of a civil nature that by itself would not be a ground to quash the criminal proceedings, for in cases of forgery and fraud there would always be some aspects which would necessarily require to be addressed by a civil court alone.

¶786

¶787

It is contended that the present petitioners do not stand on the same footing as the petitioners whose petitions have already been disposed of by this court. Those petitioners were rank outsiders who were claiming under sale deeds executed in their favour by the erstwhile owners of the very same lands which had already been sold by the petitioner as a power of attorney holder and hence this court having held that unless the subsisting sale deeds were set at naught they could not allege criminality, would not apply to the petitions on hand. Hence, the learned counsel for the private respondents seek that the present petitions be dismissed in the above circumstances and having regard to the settled position of law.

¶788

On a close consideration of the material on record and

¶789

the rival contentions it is to be noticed that none of the petitioners are claiming that the sale deeds in their favour are forged. These are registered documents. The same can be set at naught only in the manner known to law. Unless those

¶790

¶791

documents are unsettled it would not be possible for the petitioners to hold the same and at the same time claim that they have been defrauded. If the criminal court should embark on an enquiry in this regard and hold on the basis of findings on allegations with regard to attendant material such as revenue records it would be converting itself into a hybrid 'civilocriminal' court addressing issues which require adjudication of civil rights and disputes of a civil nature in ultimately holding that the sale deeds are fraudulent and hence null and void. This would in effect be a declaration as to title, or rather the lack of it. A criminal court cannot clothe itself with any such jurisdiction albeit in the exercise of examining allegations surrounding the sale deeds which are otherwise not denied as being duly registered documents.

¶792

While there can be no debate as to the observations by the Apex court that criminal proceedings are maintainable notwithstanding the existence of elements which are purely of a

¶793

¶794

civil nature in a given case, which is a general proposition. It is pertinent that the context be also taken into account. In law, the context matters most.

¶795

In the result, given that every single petitioner claims under a registered sale deed which is subsisting, the same cannot be wished away in claiming that the attendant records are non-existent and that it is a nullity. The criminal court would not be in a position to decide this core issue that would arise. In any event any decision cannot be permitted to have such a result on the sale deeds by a side-wind , as it were.

¶796

In the result the petitions are allowed as prayed for and

¶797

the respective proceedings are quashed.

¶798

Sd/JUDGE

¶799

KS*

Joseph Chacko v. State of Karnataka

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Joseph Chacko v. State of Karnataka

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