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M. NAGAPRASANNA
Shailesh Kumar S/o A. Janardhan Achar – Appellant
Versus
Nisha S. Kumar W/o Shailesh Kumar – Respondent
ORDER :
The petitioners/accused Nos.1 and 2 are before this Court calling in question proceedings in C.C.No.166 of 2023 pending before the II Additional Senior Civil Judge and CJM, D.K., Mangalore arising out of crime in Crime No.168 of 2014 registered for offences punishable under Sections 406, 420 and 465 of the IPC by which the concerned Court rejects ‘B’ report and takes cognizance of the offences alleged against the petitioners/accused. The 1st respondent is the complainant and the 1st petitioner is her husband. The 2nd petitioner is the manager of the Company run by the 1st petitioner.
2. Heard Sri P.P. Hegde, learned senior counsel appearing for the petitioners, Smt. Nisha S. Kumar, 1st respondent/party-in- person and Sri P.Thejesh, learned High Court Government Pleader appearing for respondent No.2.
3. On 19-03-1999 the complainant gets married to accused No.1 and from the wedlock, they have a son who is now 21 years old. Accused No.1 was the Director of Giltec International Private Limited in which the complainant was also a Director. The name of the Company is said to have been changed from Giltec International Private Limited to Steelnox International Private Limited. Accus
A magistrate must apply judicial discretion when rejecting a 'B' report and taking cognizance, ensuring adherence to legal procedures.
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Section 415 of IPC mandates that there should be inducement from hands of accused to victim to part with any property and transaction should be tainted with dishonest intention right from its outset.
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