Rev. Paul Madhukar vs State Of Karnataka on 7 October, 2020

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Karnataka High Court

Rev. Paul Madhukar vs State Of Karnataka on 7 October, 2020

Bench: Suraj Govindaraj

                                           Crl.P.No.4911 of 2020
                                  1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 7TH DAY OF OCTOBER, 2020

                          BEFORE

        THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

          CRIMINAL PETITION NO.4911 OF 2020

BETWEEN:

REV. PAUL MADHUKAR,
SON OF JONAPPA,
AGED ABOUT 52 YEARS,
RESIDING AT ELIM COTTAGE,
MILLATH NAGAR,
HYDERABAD ROAD,
YADGIR - 585 202.
                                             ... PETITIONER

(BY SRI. CRISTOPHER FOR SRI.RAMESH A., ADVOCATES)

AND:

1.     STATE OF KARNATAKA,
       BY GULPET POLICE STATION,
       KOLAR,
       KOLAR DISTRICT.
       BY STATE PUBLIC PROSECUTOR,
       HIGH COURT OF KARNATAKA,
       BANGALORE BENCH.

2.     MR.FRANKLIN D'SOUZA,
       SON OF A RAJARATNAM,
       AGED ABOUT 55 YEARS,
       RESIDING AT NO.1518,
       MERLIN HOUSE, BANGARPET ROAD,
       KANAKANA PALYA,
       KOLAR - 563 101.
                                          ... RESPONDENTS

(BY SMT.RASHMI JADHAV, HCGP)
                          -----
                                                  Crl.P.No.4911 of 2020
                                        2



      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. PRAYING TO QUASH THE FIR REGISTERED IN
CR.NO.50/2020 FILED BY THE RESPONDENT NO.1 PRODUCED AT
ANNEXURE - C TO THE PETITION AND SENT TO THE II
ADDITIONAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., KOLAR AND
CONSEQUENTLY QUASH ALL PROCEEDINGS ARISING THEREOF.

                                *****

      THIS CRIMINAL PETITION COMING ON FOR ADMISSION,
THIS DAY, THE COURT MADE THE FOLLOWING:

                                ORDER

1.The petitioner is before this Court seeking of quashing the FIR registered in Crime No.50/2020 dated 06.08.2020 pending on the file of 2nd Addl. Civil Judge(Jr.Dn) & JMFC, Kolar.

2.Sri. Christopher, learned counsel appearing on behalf of Sri. A.Ramesh, learned counsel for the petitioner would submit that the petitioner is a Senior Pastor. In the year 1992, he joined the Methodist Church of India and was discharging his duties in a proper and required manner. on account of certain misappropriation of assets, the petitioner filed a suit as against the Bishop and others, it is as a counterblast, the present complaint has been got filed by Bishop N.L. Karkare against the petitioner in FIR No.50/2020 which was registered on 06.08.2020.

Crl.P.No.4911 of 2020

3.Sri. Christopher, learned counsel submits that in the said complaint, allegations are made against the petitioner that the petitioner has not disbursed the provident fund amount to the pastors and other officers of the Church who have retired from their service and as such, the petitioner has defrauded those persons.

4.Sri. Christopher, learned counsel submits that the complaint is got filed at the instance of Bishop N.L. Karkare against whom the petitioner had filed a suit and as such, he seeks for quashing of the entire proceedings.

5.On perusal of the documents, the complaint was filed on 06.08.2020 not only against the petitioner but also Bishop Subodh C. Mondal who is the president of C.O.B. and M.C.I, Delhi.

6.Having perused the records, I am of the considered opinion that the same requires investigation inasmuch as the petitioner apparently was the pastor. The only dispute is being as regards at the time of disbursement of amount, whether the petitioner being a Pastor was Incharge of disbursement of provident fund or not. This fact cannot be adjudicated by this Crl.P.No.4911 of 2020 4 Court under the provisions of Section 482 of Cr.P.C. and as such, the above petition is dismissed.

7.Liberty is however reserved to the petitioner to approach once the charge sheet is filed.

Sd/-

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