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2019 Supreme(Kar) 363

K.S.MUDAGAL
Vidya Manohara Teertha Swamigalu Peethadipathy – Appellant
Versus
State by Station House Officer (Incharge) Basavanagudi Police Station – Respondent


Advocates:
Advocate Appeared:
Jayakumar S. Patil, Namitha Mahesh, C.V. Sudhindra.

JUDGMENT :

K.S. MUDAGAL, J.

1. Petitioners in this case are seeking quashing of proceedings in CC No. 11651/2015 on the file of IV Additional Chief Metropolitan Magistrate, Bengaluru arising out of Crime No. 33/2013 of Basavanagudi police station.

2. The said case was registered against the petitioners and another on the basis of complaint dated 21.02.2013 as per Annexure-A filed by respondent No. 2.

3. Sri Sosale Vysaraya Mutt is denomination of Madva sect which owns movable and immovable properties. Prior to petitioner No. 1's anointing as Peetadhipathi, Shri Vidhya Manohara Theertha Swamiji was head of said peeta. Petitioner No. 1 was paternal grandson of said Sri Vidya Vachaspathi Theertharu. Said Shri Vidya Vachaspathi Theertha Swamiji anointed petitioner No. 1 on 04.09.2004 as his successor to the said mutt.

4. One Sri Vyasaraja Seva Samithi filed O.S. No. 16617/2006 against Sri Vyasaraj Mutt (Sosale) represented by Sri Vidya Vachaspathi Theertharu, present petitioner No. 1 and two others for permanent injunction. In that suit, Commissioner was appointed to take inventory of the movables of the mutt. On 07th and 08th of September, 2006, Commissioner conducted inventory in the pres









































































































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