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1983 Supreme(Ori) 167

B.K.BEHERA
VITLA VENKATA RAO – Appellant
Versus
SUTTAPALLI VENKATA RAO – Respondent


Advocates Appeared:
C.A. Rao, for the Appellant; R.K. Patra, for the Respondent

JUDGMENT :

B.K. Behera, J. - These four Criminal Miscellaneous Cases involving similar questions of facts and points of law have been heard together and will be governed by this common order. The Petitioners invoke the inherent jurisdiction of this Court u/s 482 of the Code of Criminal Procedure (the 'Code', for short), to quash the criminal proceeding against them for criminal breach of trust and abetment thereof punishable u/s 409 of the Indian Penal Code in four complaint cases in which cognizance has been taken by the learned Subdivisional Judicial Magistrate, Jeypore, after the Petitioners of complaint were made by the complainant-opposite parties and their statements were recorded u/s 200 of the Code. The grounds taken by the Petitioners are that the disputes between the parties are purely of a civil nature and in the absence of any prima facie material that the Petitioners had been guilty of criminal breach of trust, the learned Subdivisional Judicial Magistrate went wrong in taking cognizance of the offences against them. Originally the Chit Fund, namely, 'Digvijaya Chit Fund' represented by its manager, had been made one of the opposite parties by the Petitioners, but notic







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