1 in the high court of karnataka at bengaluru dated...
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1
IN THE HIGH COURT OF KARNATAKA AT
BENGALURU
DATED THIS THE 27TH
DAY OF SEPTEMBER 2016
BEFORE
THE HON’BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION No.4082 OF 2013
CONNECTED WITH
CRIMINAL PETITION No.4085 OF 2013
CRIMINAL PETITION No.4087 OF 2013
CRIMINAL PETITION No.4088 OF 2013
CRIMINAL PETITION No.4093 OF 2013
CRIMINAL PETITION No.4094 OF 2013
CRIMINAL PETITION No.4097 OF 2013
CRIMINAL PETITION No.4102 OF 2013
CRIMINAL PETITION No.4104 OF 2013
CRIMINAL PETITION No.4106 OF 2013
CRIMINAL PETITION No.4108 OF 2013
CRIMINAL PETITION No.4109 OF 2013
2
CRIMINAL PETITION No.4111 OF 2013
CRIMINAL PETITION No.4118 OF 2013
CRIMINAL PETITION No.4119 OF 2013
CRIMINAL PETITION No.4121 OF 2013
CRIMINAL PETITION No.4122 OF 2013
CRIMINAL PETITION No.4124 OF 2013
CRIMINAL PETITION No.4134 OF 2013
CRIMINAL PETITION No.4136 OF 2013
CRIMINAL PETITION No.4139 OF 2013
CRIMINAL PETITION No.4140 OF 2013
IN CRL.P.No.4082/2013
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
3
(By Shri B.V.Acharya, Senior Advocate along with
Shri Sandesh J Chouta, Advocate)
AND:
1. The State of Karnataka,
Through H and B,
C.I.D., Bangalore,
Through the
State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. Kurian Mammen Mathurcherile,
Son of Kuriam Mammen,
Aged about 66 years,
Residing at Kollakuzhyle Kurien
Villa, Vazhavady,
Thazakara Post,
Mavelikara,
Kerala – 690 102.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Shri K.S.Harish, Advocate for Respondent No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to A) 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.4/2010
produced hereto as Annexure-A. B) quash all further
proceedings in C.C.No.4/2010 pending on the file of the
4
Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First
Class, Hoskote, in so far as this petition is concerned.
IN CRL.P.No.4085/2013
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 B.V.Acharya, Senior Advocate along with
Shri Sandesh J Chouta, Advocate)
AND:
1. The State of Karnataka,
Through H and B,
C.I.D., Bangalore,
Through the
State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. Tomy Joseph,
So of Purakkal Thomas,
Aged about 60 years,
Residing at No.6E,
5
Sky Line Montecarlo Apartment,
Kanji Kunchi,
Kottayam District,
Kerala – 670 651.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Shri Dilraj J. Rohit Sequeira, Advocate for Respondent No.2)
*****
This Criminal Petition 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.74/2010
produced hereto as Annexure-A. B) quash all further
proceedings in C.C.No.74/2010 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.4087/2013
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
6
(By Shri B.V.Acharya, Senior Advocate along with
Shri Sandesh J Chouta, Advocate)
AND:
1. The State of Karnataka,
Through H and B,
C.I.D., Bangalore,
Through the
State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. M.E.Kurian,
Son of M.K.Eapaen,
Aged about 69 years,
Residing at Maniparampil House,
Rose Nagar,
Sreekariam Post,
Trivendrum – 685 017.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Shri Dilraj J. Rohit Sequeira, Advocate for Respondent No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to 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.76/2010
produced hereto as Annexure-A. and quash all further
proceedings in C.C.No.76/2010 pending on the file of the
7
Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First
Class, Hoskote, in so far as this petition is concerned.
IN CRL.P.No.4088/2013
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 B.V.Acharya, Senior Advocate along with
Shri Sandesh J Chouta, Advocate)
AND:
1. The State of Karnataka,
Through H and B,
C.I.D., Bangalore,
Through the
State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. M.E.Thomas,
Son of M.K.Eapaen,
Aged about 60years,
Residing at Maniparampil House,
8
Rose Nagar,
Sreekariam Post,
Trivendrum – 685 017.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Respondent No.2 served and unrepresented)
*****
This Criminal Petition 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.77/2010
produced hereto as Annexure-A. B) quash all further
proceedings in C.C.No.77/2010 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.4093/2013
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 B.V.Acharya, Senior Advocate along with
Shri Sandesh J Chouta, Advocate)
9
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.M.Samuel,
Son of K.G.Mathew,
Aged about 64 years,
Salempuram,
Mattom North,
Tattarambapalam,
Malamattam P.O.,
Kottayam,
Kerala – 686 026.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1)
*****
This Criminal Petition 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.157/2010 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No.157/2010 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.
10
IN CRL.P.No.4094/2013
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 B.V.Acharya, Senior Advocate along with
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. M.E.Kurean,
Son of Late M.K.Eafan,
Aged about 64 years,
Residing at Mapelu House,
Rose Nagara,
Srikaram Post,
Trivendrum,
Kerala – 695 107.
11
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Respondent No.2 served)
*****
This Criminal Petition 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.158/2010 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No.158/2010 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.4097/2013
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 B.V.Acharya, Senior Advocate along with
Shri Sandesh J Chouta, Advocate)
AND:
12
1. The State of Karnataka,
Through H and B,
C.I.D., Bangalore,
Through the
State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. George E John,
Son of Late Ebenezer John,
Aged about 60 years,
Residing at Kunnuvilla House,
Kuthirachira,
Punalur Post,
Kollam District,
Kerala.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to set aside the order dated
1.4.2010 passed by the Principal Civil Judge (Jr.Dn.) and
Judicial Magistrate First Class, Hoskote in C.C.No.167/2010
produced hereto as Annexure-A. Quash all further proceedings
in C.C.No.167/2010 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.4102/2013
BETWEEN:
13
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 B.V.Acharya, Senior Advocate along with
Shri Sandesh J Chouta, Advocate)
AND:
1. The State of Karnataka,
Through H and B,
C.I.D., Bangalore,
Through the
State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. Mathew A Varghese,
Son of A.I.Varghese,
Aged about 55years,
Hempel Paints,
P.O.Box 1077,
Dammam, 31431,
Kingdom of Saudi Arabia.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
14
Shri K.S.Harish, Advocate for Respondent No.2)
*****
This Criminal Petition 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.323/2010 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No.323/2010 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.4104/2013
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 B.V.Acharya, Senior Advocate along with
Shri Sandesh J Chouta, Advocate)
AND:
1. The State of Karnataka,
Through C.O.D., Bangalore,
Through the
State Public Prosecutor,
15
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. Anitha Mathews,
Daughter of Samuel Mathews,
Aged about 44 years,
Residing at TC 4/1778(14),
Amboleth, Pandit Colony,
Kowadir, Trivendrum,
Kerala – 695 003.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to A) set aside the order
dated 29.9.2010 passed by the Principal Civil Judge (Jr.Dn.)
and Judicial Magistrate First Class, Hoskote in
C.C.No.334/2010 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No.334/2010 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.4106/2013
BETWEEN:
Joseph Chacko,
Son of Late P.J.Chacko,
Aged about 52 years,
Residing at 176/B,
Park Avenue,
16
Horamavu Agara,
Kalyan Nagar Post,
Bangalore – 560 043.
…PETITIONER
(By Shri B.V.Acharya, Senior Advocate along with
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. George E John,
Son of Late Ebenezer John,
Aged about 60 years,
Residing at Kunnuvilla House,
Kuthirachira,
Punalur Post,
Kollam District,
Kerala – 691 305.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash all further
proceedings in C.C.No.365/2010 pending on the file of the
17
Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First
Class, Hoskote, in so far as this petition is concerned.
IN CRL.P.No.4108/2013
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 B.V.Acharya, Senior Advocate along with
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. Sarojam P Nair,
Daughter of Peethbram Nair,
Aged about 54 years,
Residing at Pavithram House,
Vazithala P.O.,
18
Thuduppuza,
Idukki District,
Kerala.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to A) set aside the order
dated 14.6.2010 passed by the Principal Civil Judge (Jr.Dn.)
and Judicial Magistrate First Class, Hoskote in
C.C.No.373/2010 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No.373/2010 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.4109/2013
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 B.V.Acharya, Senior Advocate along with
Shri Sandesh J Chouta, Advocate)
19
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. Saji John Kollanoor,
Son of K.C.John,
Aged about 47 years,
Kollanoor House,
Guruvayur Road,
Kunnamkulam Post,
Trichur District,
Kerala – 680 053.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to A) set aside the order
dated 16.6.2010 passed by the Principal Civil Judge (Jr.Dn.)
and Judicial Magistrate First Class, Hoskote in
C.C.No.393/2010 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No.393/2010 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.4111/2013
20
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 B.V.Acharya, Senior Advocate along with
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. M.E.Thomas,
Son of Late M.K.Eafan,
Aged about 60 years,
Residing at Munirampil Villa,
Rose Nagar,
Srikariyam Post,
Trivendrum,
Kerala – 695 017.
…RESPONDENTS
21
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Respondent No.2 served but unrepresented)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to A) set aside the order
dated 19.6.2010 passed by the Principal Civil Judge (Jr.Dn.)
and Judicial Magistrate First Class, Hoskote in
C.C.No.398/2010 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No.398/2010 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.4118/2013
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 B.V.Acharya, Senior Advocate along with
Shri Sandesh J Chouta, Advocate)
AND:
1. The State of Karnataka,
Through C.O.D., Bangalore,
22
Through the
State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. Pulical Abraham Chacko,
Son of Late P.C.Abraham,
Aged about 72 years,
Residing at Pulical Villa,
Ayroor, South Post,
Pathanamthitta District,
Kerala – 689 611.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to A) set aside the order
dated 21.5.2012 passed by the Principal Civil Judge (Jr.Dn.)
and Judicial Magistrate First Class, Hoskote in
C.C.No.540/2012 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No.540/2012 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.4119/2013
BETWEEN:
Joseph Chacko,
Son of Late P.J.Chacko,
Aged about 52 years,
23
Residing at 176/B,
Park Avenue,
Horamavu Agara,
Kalyan Nagar Post,
Bangalore – 560 043.
…PETITIONER
(By Shri B.V.Acharya, Senior Advocate along with
Shri Sandesh J Chouta, Advocate)
AND:
1. The State of Karnataka,
Through H and B,
C.I.D., Bangalore,
Through the
State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. Zakariah Thomas,
Son of Thomas Scaria,
Aged about 64 years,
No.12, Anjaneya Swamy
Temple Street,
Marappa Garden,
Benson Town,
Bangalore – 560 046. …RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Respondent No.2 – notice issued returned with police report)
*****
24
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to A) set aside the order
dated 27.7.2010 passed by the Principal Civil Judge (Jr.Dn.)
and Judicial Magistrate First Class, Hoskote in
C.C.No.551/2010 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No.551/2010 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.4121/2013
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 B.V.Acharya, Senior Advocate along with
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,
25
Bangalore – 560 001.
2. George Thodiyil Lawrence,
Son of T.V.Lawrence,
Aged about 53 years,
C/o. Lovegi C Varghese,
Cherukunnathu House,
Kolanchery, Ernakulam,
Kerala – 682 311.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Respondent No.2 – served and unrepresented)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to A) set aside the order
dated 15.6.2011 passed by the Principal Civil Judge (Jr.Dn.)
and Judicial Magistrate First Class, Hoskote in
C.C.No.578/2011 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No.578/2011 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.4122/2013
BETWEEN:
Joseph Chacko,
Son of Late P.J.Chacko,
Aged about 52 years,
Residing at 176/B,
Park Avenue,
Horamavu Agara,
26
Kalyan Nagar Post,
Bangalore – 560 043.
…PETITIONER
(By Shri B.V.Acharya, Senior Advocate along with
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. Thayel Joseph Xaviour,
Son of Varghese Joseph,
Aged about 54 years,
Thayel House,
Kottamurry P.O.,
Changanassery,
Kerala – 686 105.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to A) set aside the order
dated 15.6.2011 passed by the Principal Civil Judge (Jr.Dn.)
and Judicial Magistrate First Class, Hoskote in
27
C.C.No.579/2011 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No.579/2011 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.4124/2013
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 B.V.Acharya, Senior Advocate along with
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. Michael Tom,
Son of Late Thomas Joseph,
28
Aged about 57years,
Residing at Odakkal House,
Vellimattom P.O.,
Thoduppuza,
Idukki District,
Kerala – 685 588.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Respondent No.2 – served and unrepresented)
*****
This Criminal Petition 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.615/2011 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No.615/2011 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.4134/2013
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
29
(By Shri B.V.Acharya, Senior Advocate along with
Shri Sandesh J Chouta, Advocate)
AND:
1. The State of Karnataka,
Through H and B,
C.I.D., Bangalore,
Through the
State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. Joy Sam Jacob,
Son of K.S.Chacko,
Aged about 55 years,
Residing at Kothuvethukkal,
Koruppada Post,
Pampadi, Kottayam,
Kerala – 686 012. …RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Shri K.S.Harish, Advocate for Respondent No.2)
*****
This Criminal Petition 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, Hoskote in
C.C.No.1084/2009 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No.1084/2009 pending on the file
30
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.4136/2013
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 B.V.Acharya, Senior Advocate along with
Shri Sandesh J Chouta, Advocate)
AND:
1. The State of Karnataka,
Through H and B,
C.I.D., Bangalore,
Through the
State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. Koshy Zakariah,
Son of C.K.Zakariah,
Aged about 67 years,
Palnilkunnathil Kuzivelil,
31
Edayaranmula Post,
Pattanamthitta District,
Kerala – 689 548.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Shri K.S.Harish, Advocate for Respondent No.2)
This Criminal Petition 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, Hoskote in
C.C.No.1086/2009 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No.1086/2009 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.4139/2013
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 B.V.Acharya, Senior Advocate along with
Shri Sandesh J Chouta, Advocate)
32
AND:
1. The State of Karnataka,
Through H and B,
C.I.D., Bangalore,
Through the
State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. Thomas Varghese,
Son of P.M.Varghese,
Aged about 64 years,
Residing at Pothamperampil,
Muttambalam Village,
Kottayam District,
Kerala.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Shri K.S.Harish, Advocate for Respondent No.2)
*****
This Criminal Petition 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, Hoskote in
C.C.No.1103/2009 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No. 1103/2009 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.
33
IN CRL.P.No.4140/2013
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 B.V.Acharya, Senior Advocate along with
Shri Sandesh J Chouta, Advocate)
AND:
1. The State of Karnataka,
Through H and B,
C.I.D., Bangalore,
Through the
State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. Starla Lukose,
Wife of V.I.Lukose,
Aged about 49 years,
Hebron, Kumbana,
Thiruvalla,
Kerala – 689 501.
34
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Shri K.S.Harish, Advocate for Respondent No.2)
*****
This Criminal Petition 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, Hoskote in
C.C.No.1104/2009 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No. 1104/2009 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.
These Criminal Petitions coming on for Final Disposal
this day, the court made the following:
O R D E R
These petitions are disposed of by this common order in
the following background:-
The petitioner is the accused in the individual complaints
filed by the respondents in each of these cases, alleging
offences punishable under the several provisions of the Indian
Penal Code,1860. These proceedings are sought to be
challenged in the present petitions.
35
2. In the meanwhile, it transpires that there has been
settlement in favour of the respective complainants, wherein in
some cases, either the complainants have been satisfied that
they have been put in possession of the land that was
purchased, which according to them was defective or not
available and in other cases, there have been monetary
settlements in lieu of the sale transaction. Therefore, the said
settlements have been duly acknowledged by each of the
respondents, whereby affidavits have been filed in the
following cases, before this court, acknowledging such
settlement:
1. Criminal Petition No.4082/2013
2. Criminal Petition No.4085/2013
3. Criminal Petition No.4102/2013
4. Criminal Petition No.4134/2013
5. Criminal Petition No.4136/2013
6. Criminal Petition No.4139/2013
7. Criminal Petition No.4140/2013
36
And in the following cases, applications have been filed
before the court below seeking to compound the matters:
1. Criminal Petition No.4087/2013
2. Criminal Petition No.4088/2013
3. Criminal Petition No.4093/2013
4. Criminal Petition No.4094/2013
5. Criminal Petition No.4097/2013
6. Criminal Petition No.4104/2013
7. Criminal Petition No.4106/2013
8. Criminal Petition No.4108/2013
9. Criminal Petition No.4109/2013
10. Criminal Petition No.4111/2013
11. Criminal Petition No.4118/2013
12. Criminal Petition No.4119/2013
13. Criminal Petition No.4121/2013
14. Criminal Petition No.4122/2013
15. Criminal Petition No.4124/2013
However, since the offences alleged were non-
compoundable and given the law as laid down by the
Supreme Court in the case of Gian Singh vs. State of
Punjab, (2012)10 SCC 303, followed in Narinder Singh vs.
37
State of Punjab, (2014)6 SCC 466, the present petitions are
allowed summarily. The criminal cases pending in CC nos.
4/2010, 74/2010, 323/2010, 1084/2009, 1086/2009,
1103/2009, 1104/2009, 76/2010, 77/2010, 157/2010,
158/2010, 167/2010, 334/2010, 365/2010, 373/2010,
393/2010, 398/2010, 540/2012, 551/2010, 578/2011,
579/2011 and 615/2011 pending on the file of the Principal
Civil Judge (Junior Division) and Judicial Magistrate First
Class, Hoskote, stand quashed.
Sd/-
JUDGE
nv