ANTONY DOMINIC, DAMA SESHADRI NAIDU
Fr. Sebastian Vadakkumpadan – Appellant
Versus
Shine Varghese – Respondent
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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Kunga Nima Lepcha v. State of Sikkim ((2010) 4 SCC 513)
Lalita Kumari v. State of U.P. ((2014) 2 SCC 1
Narayana Reddiar v. Rugmini Ammal (2000 (2) KLJ 394
Pramatha Nath Taluqdar v. Saroj Ranjan Sarkar (AIR 1962 SC 876)
Rugmini Ammal v. Narayana Reddiar ((2007) 12 SCC 611)
Ram Kishan Fauji v. State of Haryana
Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage ((2016) 6 SCC 277)
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