RATHNAKALA
Central Bureau of Investigation – Appellant
Versus
B. S. Shantakumar S/o Late Subbaraya Shetty – Respondent
The order of the Special Court in discharging accused Nos.2 to 5 from prosecution is under challenge in this revision petition.
2. For the purpose of convenience, parties will be referred to as per their ranking before the Trial court/Special Court.
3. The Superintendent of Police, ACB, Bangalore, CBI charge sheeted five accused persons in respect of the offences under Sections 120B read with Section 420 read with Sections 511, 193, 196, 201, 209 and 218 of IPC and Sections 13(2) r/w Sec.13(1)(d) r/w Sec.15 of the Prevention of Corruption Act, 1988.
4. The allegation is, the accused Nos.1 to 5 during 1993 entered into a criminal conspiracy to cheat M/s. New India Assurance Co. Ltd., Shimoga, in the matter of availing third party compensation in respect of injury suffered by first accused in a motor vehicle accident. In furtherance of the same, first accused on 23.9.1993 preferred a claim petition before the MACT in MVC No.706/1993 seeking compensation of Rs.35 lakhs. He very well knew that the vehicle which met with the accident was his own car bearing registration No. CTQ 6545 (Ambassador shell white) but gave false details that the vehicle was KA-14/1486 (Taxi-Ambassador blu
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