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2018 Supreme(Kar) 353

B.A.PATIL
Srinath Mangalore S/o Narasimha Mangalore – Appellant
Versus
State of Karnataka Urban Development Department Represented by Principal Secretary Vidhana Soudha – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri C.V. Nagesh, Senior Advocate a/w Sri Satish V., Advocate
For the Respondent:Sri M. Diwakar Maddur, HCGP, Sri G.R.Prakash, Advocate

ORDER :

1. WP.No.26160/2013 is filed by accused No.14; WP.No.26162/2013 is filed by accused No.15; and Criminal Petition No.2459/2013 is filed by accused Nos.3, 2, 5, 8, 9, 10, 12, 11, praying to quash the complaint dated 18.4.2013 in Crime No.76/2013 registered by BMTF Police Station, for the offences punishable under Sections 420, 406, 201 120B r/w. Section 34 and Section 321 of Karnataka Municipal Corporation Act (‘KMC Act’ for short).

2. I have heard the Senior Learned counsel Sri C.V.Nagesh appearing on behalf of the petitioners and the learned HCGP for the respondent-State.

3. It is the contention of the learned Senior Counsel that in the instant case there is gross abuse of process of law which will result in infringement of constitutional rights of the petitioners including fundamental rights and other legal rights. He submitted that the complaint dated 18.4.2013 on its face value did not disclose any offence whatsoever much less the offences under any provisions of IPC and as such the same is liable to be set aside. He further submitted that the complaint which is filed as against the petitioners-accused was without jurisdiction. He further submitted that BMTF Police Station






































































































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