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2018 Supreme(Ker) 405

ANTONY DOMINIC, DAMA SESHADRI NAIDU
Fr. Sebastian Vadakkumpadan – Appellant
Versus
Shine Varghese – Respondent


Advocate Appeared:
For the Appellant :K. Viswanathan (Sr. Advocate), Varghese C. Kuriakose, P.J. Jose, K.O. Manuel (Kopramb), Seenu Sadique, Vincent Raphael & V.P. Poulose, Adv.
For the Respondent:B. Raman Pillai & Thomas George Mevada (Sr. Advocates), Suman Chakravarthy, Issac M. Perumpillil, Jijo Paul Kallookkaran, Joby Cyriac, K.V. Sabu, Amal George, N.A. Muraleedharan, John Varghese & S. Rajeev, Adv.

JUDGMENT

Dama Seshadri Naidu, J.


Introduction:


The Lord saw that the wickedness of man was great in the earth, and that every intention of the thoughts of his heart was only evil continually. Genesis 6:5


Whose wickedness is it any way? We shall see.


1. A Diocese, a district under the pastoral care of a bishop in the Christian Church, combines its spiritual and secular affairs. It decides to sell some of its property. Authorised, a couple of office bearers sells the property, but faces allegations of misappropriation. A few members of the congregation complain: at least four of them approach either the police or the court. Acting on such complaint, a competent criminal court takes cognizance and decides to try the matter. But others persist with police complaints.


2. When the police allegedly refused to register a crime, they approached this Court. They contend that only police could unravel the crime. A learned Single Judge allows the Writ Petition; the police act on the judicial directive and register a crime. In the appeal, the aggrieved office bearers question that direction.


3. Can the impugned judgment be sustained? Do the complainants have any efficacious alternative remedies availa

































































































































































































































































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