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2023 Supreme(Kar) 1229

T. VENKATESH NAIK
State of Karnataka – Appellant
Versus
Murali Bolar – Respondent


Advocates appeared:
B.L.Acharya, Advocate, Vinay Mahadevaiah, Advocate

JUDGMENT

1. Heard learned HCGP for the petitioner-State and learned Senior counsel Sri. B.L. Acharya, for the respondent/accused No.3.

2. The petitioner has filed this revision petition under Sec. 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') to set aside the order dtd. 17/12/2015 passed in Crl.RP.No.189/2011 by IV Addl. District and Sessions Judge, Dakshina Kannada, Mangaluru.

3. For the sake of convenience, the parties are referred as per their rankings before the trial Court. The revision petitioner is the 'complainant- State' and the respondent is 'accused No.3'.

4. The brief facts of the prosecution case are as under:-

The COD police, Bengaluru filed a charge sheet against accused No.3 and others for the offences punishable under Sec. 409, 468, 477(A), 420 r/w 120 IPC, on the allegation that the accused were working in the Audit Sec. of RTO office, Mangaluru at the relevant point of time i.e., for the period from 1990 to 1999 and during that period, accused No.3 and other accused persons conspired together and caused loss to the Government to the tune of Rs.58, 69, 767.00 and failed to discharge their duties properly. Hence, it led to registration o

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