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2021 Supreme(Kar) 192

JOHN MICHAEL CUNHA
P C Mohan – Appellant
Versus
Deputy Commissioner Of Police (South) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. G L Vishwanath, Advocate
For the Respondent:Sri. V.S. Hegde, Spp-II A/W Smt. K.P. Yashodha, Hcgp, Sri. S. Nagaraja, Advocate

ORDER :

Respondent No.2 herein filed a private complaint seeking prosecution of the petitioner for the offences punishable under sections 171G, 177, 181, 191, 193, 199, 200 of Indian Penal code, on the allegation that the petitioner (hereinafter referred to as “accused”) intentionally out of fear that he would hurt the feeling of a particular community and thereby loose elections, suppressed the assets held by him and made a false declaration in Form No.26 submitted before the Returning Officer for contesting the Parliamentary Election in the year 2014 and 2019 and filed false affidavit on oath suppressing the factum of holding assets in the form of immovable properties measuring 42 acres 14 guntas situated at Lakshmipura Village, Kasaba Hobli, Devanahalli Taluk, Bangalore Rural District worth more than Rs.33,60,00,000/-.

2. The contention of the petitioner is that he has not withheld any material information either in his affidavit or in Form No.26. The properties purchased by him under various sale deeds were purchased by him for and on behalf of the firm by name P.C. Realty. I

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