Karnataka High Court
Joseph Chacko vs The State Of Karnataka on 22 February, 2017
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA AT
BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY 2017
BEFORE
THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION No.5655 OF 2016
CONNECTED WITH
CRIMINAL PETITION No.5643 OF 2016
CRIMINAL PETITION No.5644 OF 2016
CRIMINAL PETITION No.5654 OF 2016
CRIMINAL PETITION No.5653 OF 2016
CRIMINAL PETITION No.5640 OF 2016
CRIMINAL PETITION No.5641 OF 2016
CRIMINAL PETITION No.5645 OF 2016
CRIMINAL PETITION No.5656 OF 2016
CRIMINAL PETITION No.5657 OF 2016
CRIMINAL PETITION No.4135 OF 2013
2
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
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
3
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
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
IN CRL.P.No.5655/2016
BETWEEN:
1. Joseph Chacko,
4
Son of Late P.J.Chacko,
Aged about 56 years,
Residing at 176/B,
Park Avenue,
Horamavu Agara,
Kalyan Nagar Post,
Bangalore - 560 043.
2. D. Manuel,
Son of Late Devadas,
Aged about 56 years,
Residing at House No.373,
Hormavu Agara,
Hormave Post,
Bangalore - 560 043.
3. 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.
4. Tomy Joseph,
Son of P.T.Joseph,
Aged about 63 years,
Residing at Skyline Montecarlo Apartment,
No6E, Kanjikuzhi,
Kottayam District,
Kerala - 686004.
5. Anish Abraham,
Son of Abraham Thomas,
Aged 33 years,
5
Residing at 1/1,
20th C Cross,
Ejipura,
Vivek Nagar,
Bangalore - 560 047.
6. 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.
7. 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.
8. Stephen K. Varghese,
Son of Thomas Varghese,
Age: 70 years,
No.364, 2B Cross,
Rajanna Layout,
Hormavu Agara,
Hormave Post,
Bangalore - 560 043.
...PETITIONERS
(By Shri Sandesh J. Chouta, Advocate)
6
AND:
1. 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.
2. Pastar T.V.Varghese,
Aged about 68 years,
Son of Late M.C.Chacko,
Ebenezer Pengattu,
Eraviperoor Post 689 542,
Thiruvalla,
Kerala.
...RESPONDENTS
(By Shri Vijaykumar S. 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)
*****
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.
7
IN CRL.P.No.5643/2016
BETWEEN:
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.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. 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.
2. 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, 1st Main Road,
8
5th A block,
Koramangala,
Bangalore - 560 095.
...RESPONDENTS
(By Shri Vijaykumar S. Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben
Jacob, Advocate for Respondent No.2)
*****
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.
IN CRL.P.No.5644/2016
BETWEEN:
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.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
9
AND:
1. 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.
2. Satheesh Kunju Cherukkan,
Aged about 52 years,
Son of Kunju Cherukan,
P.O.Box 991, A1-Khobar-31952,
Saudi Arabia.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben
Jacob, Advocate for Respondent No.2)
*****
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
10
Additional Chief Metropolitan Magistrate, Bangalore produced
hereto as Annexure-C.
IN CRL.P.No.5654/2016
BETWEEN:
1. 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.
2. D. Manuel,
Son of Late Devadas,
Aged about 56 years,
Residing at House No.373,
Hormavu Agara,
Hormave Post,
Bangalore - 560 043.
3. 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.
4. Tomy Joseph,
Son of P.T.Joseph,
Aged about 63 years,
11
Residing at Skyline Montecarlo Apartment,
No6E, Kanjikuzhi,
Kottayam District,
Kerala - 686004.
5. Anish Abraham,
Son of Abraham Thomas,
Aged 33 years,
Residing at 1/1,
20th C Cross,
Ejipura,
Vivek Nagar,
Bangalore - 560 047.
6. 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.
7. 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.
8. Stephen K. Varghese,
Son of Thomas Varghese,
12
Age: 70 years,
No.364, 2B Cross,
Rajanna Layout,
Hormavu Agara,
Hormave Post,
Bangalore - 560 043.
...PETITIONERS
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. 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.
2. V. Muhammed Hamza,
Son of V.K.Muhammed,
Residing at chazhiyattiri Post - 679 535,
Peringode, Palghat,
Kerala.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben
Jacob, Advocate for Respondent No.2)
*****
This Criminal Petition is filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the FIR in Crime
13
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.
IN CRL.P.No.5653/2016
BETWEEN:
1. 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.
2. D. Manuel,
Son of Late Devadas,
Aged about 56 years,
Residing at House No.373,
Hormavu Agara,
Hormave Post,
Bangalore - 560 043.
3. 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.
4. Tomy Joseph,
14
Son of P.T.Joseph,
Aged about 63 years,
Residing at Skyline Montecarlo Apartment,
No6E, Kanjikuzhi,
Kottayam District,
Kerala - 686004.
5. Anish Abraham,
Son of Abraham Thomas,
Aged 33 years,
Residing at 1/1,
20th C Cross,
Ejipura,
Vivek Nagar,
Bangalore - 560 047.
6. 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.
7. 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.
15
8. Stephen K. Varghese,
Son of Thomas Varghese,
Age: 70 years,
No.364, 2B Cross,
Rajanna Layout,
Hormavu Agara,
Hormave Post,
Bangalore - 560 043.
...PETITIONERS
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. 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.
2. V. Kunharu Muhammad,
Aged about 50 years,
Son of Late Veluthavilappil Kunharu,
Residing at Veluthavilappil House,
Thrichur Post 680 584,
Erumapetty, Thrissur District,
Kerala.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
16
Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben
Jacob, Advocate for Respondent No.2)
*****
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.
IN CRL.P.No.5640/2016
BETWEEN:
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.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. The State of Karnataka
Through C.I.D.,
Bangalore,
Through the State Public Prosecutor,
State of Karnataka,
Represented by
Public Prosecutor,
High Court Building,
17
Bangalore - 560 001.
2. Daniel Jacob,
Aged about 55 years,
Son of Jacob Daniel,
P.O.Box 7893,
Abu Dhabi,
U.A.E.307 501.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben
Jacob, Advocate for Respondent No.2)
*****
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.
IN CRL.P.No.5641/2016
BETWEEN:
Joseph Chacko,
Son of Late P.J.Chacko,
Aged about 56 years,
Residing at 176/B,
Park Avenue,
18
Horamavu Agara,
Kalyan Nagar Post,
Bangalore - 560 043.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. 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.
2. Kannankara Mathai Thomas,
Aged about 65 years,
Son of Late K.G.Mathai,
Kannankara House,
Kuttupuzha P.O.,
Thiruvalla - 689 103,
Kerala.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben
Jacob, Advocate for Respondent No.2)
*****
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)
19
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.
IN CRL.P.No.5645/2016
BETWEEN:
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.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. 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.
20
2. Jose Mathew,
Son of Mathai Joseph,
Aged about 63 years,
Residing at P.O.Box No.5445,
Jaddah 21422,
Saudi Arabia.
3. Mrs. Janet Jose,
Wife of Jose Mathew,
Aged about 55 years,
Both residing at
Thottathil House
Edakkara Post,
Malappuram District,
Kerala - 679 331.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben
Jacob, Advocate for Respondent No.2)
*****
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.
21
IN CRL.P.No.5656/2016
BETWEEN:
1. 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.
2. D. Manuel,
Son of Late Devadas,
Aged about 56 years,
Residing at House No.373,
Hormavu Agara,
Hormave Post,
Bangalore - 560 043.
3. 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.
4. Tomy Joseph,
Son of P.T.Joseph,
Aged about 63 years,
Residing at Skyline Montecarlo Apartment,
No6E, Kanjikuzhi,
Kottayam District,
22
Kerala - 686004.
5. Anish Abraham,
Son of Abraham Thomas,
Aged 33 years,
Residing at 1/1,
20th C Cross,
Ejipura,
Vivek Nagar,
Bangalore - 560 047.
6. 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.
7. 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.
8. Stephen K. Varghese,
Son of Thomas Varghese,
Age: 70 years,
No.364, 2B Cross,
Rajanna Layout,
23
Hormavu Agara,
Hormave Post,
Bangalore - 560 043.
...PETITIONERS
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. 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.
2. John Cottagiri Varghese,
Aged about 53 years,
Son of Late C.T.Varghese,
Verickolil Tharayil Anil Villa,
Bharanikavu South - 690 503,
Mavelikara,
Kerala.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben
Jacob, Advocate for Respondent No.2)
*****
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
24
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.
IN CRL.P.No.5657/2016
BETWEEN:
1. 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.
2. D. Manuel,
Son of Late Devadas,
Aged about 56 years,
Residing at House No.373,
Hormavu Agara,
Hormave Post,
Bangalore - 560 043.
3. 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.
4. Tomy Joseph,
Son of P.T.Joseph,
25
Aged about 63 years,
Residing at Skyline Montecarlo Apartment,
No6E, Kanjikuzhi,
Kottayam District,
Kerala - 686004.
5. Anish Abraham,
Son of Abraham Thomas,
Aged 33 years,
Residing at 1/1,
20th C Cross,
Ejipura,
Vivek Nagar,
Bangalore - 560 047.
6. 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.
7. 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.
8. Stephen K. Varghese,
26
Son of Thomas Varghese,
Age: 70 years,
No.364, 2B Cross,
Rajanna Layout,
Hormavu Agara,
Hormave Post,
Bangalore - 560 043.
...PETITIONERS
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. 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.
2. 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.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
27
Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben
Jacob, Advocate for Respondent No.2)
*****
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.
IN CRL.P.No.4135/2013
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.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. 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.
28
2. Mubarak Abdul Rehman,
Son of C. Moidu,
Aged about 70 years,
Residing at No.16,
1st Main, Lakshmi Layout,
Munekolal, Marathahalli,
Bangalore - 560 037.
...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
Sequeria, Advocate for Respondent No.2)
*****
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.
IN CRL.P.No.4133/2013
BETWEEN:
Joseph Chacko,
Son of Late P.J.Chacko,
Aged about 52 years,
Residing at 176/B,
Park Avenue,
Horamavu Agara,
29
Kalyan Nagar Post,
Bangalore - 560 043.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. The State of Karnataka
Through C.O.D.,
Bangalore,
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore - 560 001.
2. Mubarak Abdul Rehman,
Son of C. Moidu,
Aged about 70 years,
Residing at No.16,
1st Main, Lakshmi Layout,
Munekolal, Marathahalli,
Bangalore - 560 037.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri M.T.Nanaiah, Senior Advocate for Shri Prabhu Goud
Thumbigi, Advocate for Respondent No.2)
*****
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.1083/2009 produced hereto as Annexure-A. B) quash
30
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.
IN CRL.P.No.4131/2013
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.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. 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.
2. T.M.V.Kunhi Ahmad,
Son of Kunhi Abdul Haji,
Aged about 51 years,
31
Bominadakkal Road,
Valayam,
Calicut District,
Kerala - 673 517.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri M.T.Nanaiah, Senior Advocate for Shri Prabhu Goud
Thumbigi, Advocate for Respondent No.2)
*****
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.
IN CRL.P.No.4132/2013
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.
...PETITIONER
32
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. 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.
2. Kolladathil Ahmed,
Son of Soopy,
Aged about 55 years,
Residing at Soofy Manzil,
Ummathur Post,
Parakkadavu,
Calicut District,
Kerala - 673 509.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri M.T.Nanaiah, Senior Advocate for Shri Prabhu Goud
Thumbigi, Advocate for Respondent No.2)
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
33
First Class Court, Hoskote, in so far as this petition is
concerned.
IN CRL.P.No.4130/2013
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.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. The State of Karnataka
Through C.O.D.,
Bangalore,
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore - 560 001.
2. James Luke,
Son of Joseph Juke,
Kottayil House,
Athirampura Post,
Kottayam District,
Kerala - 686 562.
34
...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
Sequeria, Advocate for Respondent No.2)
*****
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.
IN CRL.P.No.4127/2013
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.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. The State of Karnataka
Through C.O.D.,
Bangalore,
Through the State Public Prosecutor,
35
State of Karnataka,
Represented by Public Prosecutor,
High Court Building,
Bangalore - 560 001.
2. Baby Thomas,
Son of K.J.Thomas,
Aged about 50 years,
Residing at Rose Garden Thayil,
House No.651/652,
1st Main, 16th Cross,
Pai Layout,
Bangalore - 560 016.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Respondent No.2 served)
*****
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.
IN CRL.P.No.5639/2016
BETWEEN:
Joseph Chacko,
Son of Late P.J.Chacko,
36
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)
AND:
1. 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.
2. 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
37
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri Gururaj Joshi, Advocate for Respondent No.2)
*****
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.
IN CRL.P.No.7740/2015
BETWEEN:
1. 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.
2. D. Manuel,
Son of Late Devadas,
Aged about 62 years,
Residing at 373, Horamavu Agara,
Horamavu Post,
Bangalore - 560 021.
...PETITIONERS
38
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. The State of Karnataka
Through Kothanur Police Station,
Bangalore,
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore - 560 001.
2. 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.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri Gururaj Joshi, Advocate for Respondent No.2)
*****
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.
39
IN CRL.P.No.7739/2015
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.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. The State of Karnataka
Through Kothanur Police Station,
Bangalore,
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore - 560 001.
2. Joy Punnathundiyil Easow,
Aged about 69 years,
Son of Late t.M.Easow,
Punnathgundiyil House,
Kuriyannoor P.O.,
Pattanamthitta District,
Kerala - 691 523.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
40
Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben
Jacob, Advocate for Respondent No.2)
*****
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.
IN CRL.P.No.5679/2013
BETWEEN:
1. 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.
2. D. Manuel,
Son of Late Devadas,
Aged about 62 years,
Residing at 373, Horamavu Agara,
Horamavu Post,
Bangalore - 560 021.
...PETITIONERS
(By Shri Sandesh J. Chouta, Advocate)
41
AND:
1. The State of Karnataka
Through Kothanur Police Station,
Bangalore,
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore - 560 001.
2. Mubarak Abdul Rahman,
Son of Late C. Moidu,
Aged about 69 years,
Residing at No.16,
1st Main, Lakshmi Layout,
Munekolal,
Marathahalli,
Bangalore - 560 037.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri M.T.Nanaiah, Senior Advocate for Shri Prabhu Goud
Thumbigi, Advocate for Respondent No.2)
*****
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.
42
IN CRL.P.No.4138/2013
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.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. 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.
2. George Kuruvilla,
Son of Kuruvilla Jacob,
Aged about 63 years,
Residing at C-5, Ullas Nagar,
Peroorkada,
Trivendrum,
Kerala - 695 005.
...RESPONDENTS
43
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Respondent No.2 served)
*****
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.
IN CRL.P.No.4137/2013
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.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. The State of Karnataka
Through H & B, C.I.D.,
Bangalore,
44
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore - 560 001.
2. Thomas Malayil Mathews,
Son of Valikalayil Thomas,
Represented by GPA Holder:
Cynthia Monthero,
Daughter of K.V.Augustin,
Residing at Casmir Compound,
Attavara, Babugudda,
Mangalore - Dakshina Kannada 575 001.
...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)
*****
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.
IN CRL.P.No.4099/2013
BETWEEN:
Joseph Chacko,
45
Son of Late P.J.Chacko,
Aged about 52 years,
Residing at 176/B,
Park Avenue,
Horamavu Agara,
Kalyan Nagar Post,
Bangalore - 560 043.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. 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.
2. 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.
...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)
46
*****
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.
IN CRL.P.No.4100/2013
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.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. The State of Karnataka
Through H & B, C.I.D.,
Bangalore,
Through the State Public Prosecutor,
State of Karnataka,
Represented by
47
Public Prosecutor,
High Court Building,
Bangalore - 560 001.
2. Kalluthiyil Aboobakkar,
Son of Kunchahamed Haji,
Aged about 63 years,
Post Chekiyad,
Parkkadavu,
Kozhikode District,
Kerala- 673 509.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Respondent No.2 served)
*****
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.
IN CRL.P.No.4101/2013
BETWEEN:
Joseph Chacko,
Son of Late P.J.Chacko,
Aged about 52 years,
Residing at 176/B,
Park Avenue,
Horamavu Agara,
48
Kalyan Nagar Post,
Bangalore - 560 043.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. 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.
2. Francis Xavier Mendes,
Son of Anthony Mendes,
Aged about 62 years,
P.O.Box No.44005,
Hawally 320055,
Kuwait.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri M.T.Nanaiah, Senior Advocate for Shri Prabhu Goud
Thumbigi, Advocate for Respondent No.2)
*****
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
49
of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate
First Class, Hoskote, in so far as this petition is concerned.
IN CRL.P.No.4105/2013
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.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. The State of Karnataka
Through C.O.D.,
Bangalore,
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore - 560 001.
2. Sam Philip,
Son of P.M.Philip,
Aged about 52years,
Residing at No.1496,
E Block, 6th Main,
AECS Layout,
ITPL Road,
50
Kundahalli,
Bangalore - 560 037.
...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)
*****
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.
IN CRL.P.No.4107/2013
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.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
51
AND:
1. The State of Karnataka
Through C.O.D.,
Bangalore,
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore - 560 001.
2. Kanoth Yousef,
Son of Late Kunju Moosa,
Aged about 55 years,
Residing at Chendayad Post,
Via Panoor, Talassery,
Kannur District,
Kerala - 670 101.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri M.T.Nanaiah, Senior Advocate for Shri Prabhu Goud
Thumbigi, Advocate for Respondent No.2)
*****
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.
IN CRL.P.No.4115/2013
BETWEEN:
Joseph Chacko,
52
Son of Late P.J.Chacko,
Aged about 52 years,
Residing at 176/B,
Park Avenue,
Horamavu Agara,
Kalyan Nagar Post,
Bangalore - 560 043.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. The State of Karnataka
Through C.O.D.,
Bangalore,
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore - 560 001.
2. Thomas T,
Son of Late K.G.Thomas,
Aged about 74 years,
Residing at G 207,
Canal Road, Panambally Nagar,
Cochin,
Kerala - 682 001.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Respondent No.2 served)
*****
53
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.
IN CRL.P.No.4126/2013
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.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. The State of Karnataka
Through C.O.D.,
Bangalore,
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore - 560 001.
54
2. Mathew Puthen P.M.,
Son of Puthan Prayil,
Aged about 45 years,
Puthan Purayil House,
Akambady Post,
Nangiarkulagara,
Alleppey District,
Kerala - 690 513.
...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 Respondent No.2 )
*****
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.
IN CRL.P.No.4089/2013
BETWEEN:
Joseph Chacko,
Son of Late P.J.Chacko,
Aged about 52 years,
Residing at 176/B,
Park Avenue,
55
Horamavu Agara,
Kalyan Nagar Post,
Bangalore - 560 043.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. The State of Karnataka
Through C.O.D.,
Bangalore,
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore - 560 001.
2. 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.
...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 Respondent No.2 )
*****
56
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.
IN CRL.P.No.4090/2013
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.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. The State of Karnataka
Through C.O.D.,
Bangalore,
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore - 560 001.
57
2. Joy Punnathundiyil Easow,
Son of Late T.M.Easow,
Aged about 71 years,
Residing at Punnathundiyil House,
Pattanamthitta District,
Kerala - 691 523.
...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 Respondent No.2 )
*****
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.
IN CRL.P.No.4091/2013
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.
...PETITIONER
58
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. The State of Karnataka
Through C.O.D.,
Bangalore,
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore - 560 001.
2. Mary Ninan,
Wife of Late Ninan Chandy,
Aged about 57 years,
Residing at Flat No.203,
Jericho Genesis,
Vodrapalya,
Horamavu Agara,
Bangalore - 560 043.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri M.T.Nanaiah, Senior Advocate for Shri Prabhugoud B.
Tumbigi, Advocate Respondent No.2 )
*****
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.
59
IN CRL.P.No.4095/2013
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.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. The State of Karnataka
Through C.O.D.,
Bangalore,
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore - 560 001.
2. 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.
...RESPONDENTS
60
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri Narayana Reddy M., Advocate Respondent No.2 )
*****
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.
IN CRL.P.No.4096/2013
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.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. The State of Karnataka
Through C.O.D.,
Bangalore,
Through the State Public Prosecutor,
61
State of Karnataka,
High Court Building,
Bangalore - 560 001.
2. Jose Mathew,
Son of Mathai Joseph,
Aged about 57 years,
Residing at Flat No.206,
S.S.Paradise,
Horamavu Main Road,
Munireddy Layout,
Kalyan Nagar Post,
Bangalore - 560 043.
...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 Respondent No.2 )
*****
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.
IN CRL.P.No.4098/2013
BETWEEN:
Joseph Chacko,
62
Son of Late P.J.Chacko,
Aged about 52 years,
Residing at 176/B,
Park Avenue,
Horamavu Agara,
Kalyan Nagar Post,
Bangalore - 560 043.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. 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.
2. Christudhas Herbert Sathidas,
Son of G. Christudas,
Aged about 57 years,
No.1134, M.G.Nilyam,
12th Main , 5th Cross,
Prakash Nagara,
Bangalore - 560 021.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri Raghavendra, Advocate Respondent No.2 )
*****
63
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.
IN CRL.P.No.4079/2013
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.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. 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.
2. Gigi Mangad Thomas,
64
Son of Vadakothil Chacko Thomas,
Aged about 50 years,
Residing at Mangatt House,
Pullada Post,
Tiruvalla, Pattanamthitta,
Kerala - 689 548.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben
Jacob, Advocate Respondent No.2 )
*****
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.
IN CRL.P.No.4083/2013
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.
...PETITIONER
65
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. The State of Karnataka
Through C.O.D.,
Bangalore,
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore - 560 001.
2. K.T.Mathew,
Son of P.M.Thomas,
Aged about 60 years,
Residing at Pedikkattunnel,
Chukakunnu P.O.,
Kelakaom, Kannur,
Kerala - 670 651.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri M.T.Nanaiah, Senior Advocate for Shri Prabhu Goud B.
Thumbagi, Advocate Respondent No.2 )
*****
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.
66
IN CRL.P.No.4084/2013
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.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. The State of Karnataka
Through C.O.D.,
Bangalore,
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore - 560 001.
2. 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.
...RESPONDENTS
67
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri Gururaj Joshi, Advocate Respondent No.2 )
*****
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.
IN CRL.P.No.4086/2013
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.
...PETITIONER
(By Shri Sandesh J. Chouta, Advocate)
AND:
1. The State of Karnataka
Through H &B, C.I.D.,
Bangalore,
Through the State Public Prosecutor,
68
State of Karnataka,
High Court Building,
Bangalore - 560 001.
2. Mubarak Abdul Rehman,
Son of C. Moidu,
Aged about 70 years,
Residing at No.16,
1st Main, Lakshmi Layout,
Munekolal, Marathahalli,
Bangalore - 560 037.
...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 Respondent No.2 )
*****
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.
IN CRL.P.No.4729/2010
BETWEEN:
Joseph Chacko,
Son of Late P.J.Chacko,
Aged about 47 years,
Residing at 176/B,
Park Avenue,
69
Horamavu Agara,
Babusab Palya,
Kalyan Nagar Post,
Bangalore - 560 043.
...PETITIONER
(By Shri A.K.Subbaiah, Advocate)
AND:
1. State of Karnataka,
By Hoskote Police.
2. Prof. Issac Abraham,
Son of Late K.C.Abraham,
Aged about 54 years,
Residing at Kidangalil Kizhakeparampil,
Kozhenchery East P.O.,
Kerala.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri Jayakumar S. Patil, Senior Advocate for Shri Reuben
Jacob, Advocate Respondent No.2 )
*****
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.
70
IN CRL.P.No.4732/2010
BETWEEN:
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.
...PETITIONER
(By Shri A.K.Subbaiah, Advocate)
AND:
1. State of Karnataka,
By Hoskote Police.
2. Oommen Alexander,
Son of Late K.C.Alexander,
Aged about 58 years,
Residing at No. Ulluruppil House,
Nangiarkulagara,
Alleppey District,
Kerala.
...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
Sequeria, Advocate Respondent No.2 )
*****
71
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.
IN CRL.P.No.4735/2010
BETWEEN:
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.
...PETITIONER
(By Shri A.K.Subbaiah, Advocate)
AND:
1. The State of Karnataka,
Through Hoskote Police Station,
Represented by its
Public Prosecutor,
High Court of Karnataka,
Bangalore - 560 001.
2. Mr. George Varghese,
Son of K.P.George,
72
Aged about 47 years,
Vice President of Athina,
Town Ship Welfare Society,
No.10, Venkateshappa Building,
Kammanahalli Main Road,
Bangalore - 560 084.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri K.S.Harish, Advocate Respondent No.2 )
*****
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.
IN CRL.P.No.4737/2010
BETWEEN:
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.
...PETITIONER
(By Shri A.K.Subbaiah, Advocate)
73
AND:
1. The State of Karnataka,
Through Banaswadi Police Station,
Represented by its
Public Prosecutor,
High Court of Karnataka,
Bangalore - 560 001.
2. K. George Varghese,
Son of K.V.George,
Aged about 49 years,
Residing at No.304,
5th Main, HRBR -II,
Kalyan Nagar Post,
Bangalore - 560 043.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
Shri Gururaj Joshi, Advocate Respondent No.2 )
*****
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.
74
IN CRL.P.No.4728/2010
BETWEEN:
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.
...PETITIONER
(By Shri A.K.Subbaiah, Advocate)
AND:
1. The State of Karnataka,
Through Hoskote Police Station,
Represented by its
Public Prosecutor,
High Court of Karnataka,
Bangalore - 560 001.
2. Mr. Tom Joseph,
Son of R.V.Joseph,
Major,
Residing at Ramapurath House,
Athirampurzha Post,
Kottayam District,
Kerala.
...RESPONDENTS
(By Shri Vijaykumar Majage, Additional State Public
Prosecutor for Respondent No.1/State;
75
Shri Jayakumar S.Patil, Senior Advocate for Shri Reuben
Jacob, Advocate Respondent No.2 )
*****
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.
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:-
ORDER
These petitions are heard and disposed of by this common order, as the first petitioner is common in all these cases.
2. The facts and circumstances are almost identical in each case as would be evident from the particulars furnished. The only distinguishing feature is that in some of these cases the petitioner had filed applications under Section 239 of the Code of Criminal Procedure, 1973 (Hereinafter referred to as 76 '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.
3. 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 77 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.
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.
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 78 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 79 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 Scape Properties .
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 80 who had claimed fraud on the part of the petitioner. These petitions pertain to the remaining 44 cases.
4. It is the case of the petitioner that George Verghese 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 81 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.
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.
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 82 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.
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.
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5. In the above background it is contended that the 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.
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The learned counsel for the petitioner would further point 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.
6. On the other hand the learned counsel for the private respondents vehemently oppose the petitions.
7. Incidentally, in the course of these proceedings an 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 85 sustained effort, with the appointment of a court commissioner and the assistance of the Revenue authorities the proposals came to naught.
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 86 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 87 other infrastructure. It is also alleged that there may be lack of access to the property itself.
8. The learned counsel have placed reliance on a large 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. 88 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.
9. On a close consideration of the material on record and 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 89 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 'civilo- criminal' 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.
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 90 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.
10. 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.
In the result the petitions are allowed as prayed for and the respective proceedings are quashed.
Sd/-
JUDGE KS*