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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
J. M. Khazi
Harry Dhaul, S/O. Major Inder Mohan Dhaul (Retired) – Appellant
Versus
Central Bureau Of Investigation CBI/BSFC – Respondent
ORDER :
J. M. Khazi, J.
These two petitions are filed under Section 482 of the Code of Criminal Procedure to quash the criminal proceeding initiated in C.C.No.838/2016 on the file of JMFC-2, Belagavi by setting aside order dated 27.09.2016 by the said Court taking cognizance against the accused.
2. While Crl.P.No.101198/2017 is filed by accused No.1, Crl.P.No.101199/2017 is filed by accused Nos.3 to 5.
3. Since these two petitions are arising out of the same case and involve common discussion, they are clubbed together and disposed of by a common order.
4. For the sake of convenience, parties are referred to by their ranks before the trial Court.
5. In support of the petition, accused Nos.1, 3 to 5 have contended that even if the entire prosecution case is accepted in its totality, no offence under Sections 467 , 468 and 471 IPC is made out. There is no evidence of false document or forged document to attract Section 464 of IPC . The prosecution has not verified whether the power plant was completed by BCL. In the absence of proof that the power plant does not exist, the allegation of diversion of funds is not established. No reasons are assigned by the trial Court to the effect that t
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