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2019 Supreme(Online)(KER) 46057

S K PANDIT – Appellant
Versus
CHANDRAPRAKASH D DEO – Respondent


Advocates:
['SRI G KRISHNAKUMAR', 'SRI N RATHEESH', '', 'SMT SUMA RATHEESH']

The petitioner is the second accused in the case

C.C.No.467/2012 on the file of the Court of the Judicial First

Class Magistrate, Kochi. He seeks to quash the proceedings

against him in the case by invoking the power of this Court

under Section 482 of the Code of Criminal Procedure, 1973

(hereinafter referred to as 'the Code').

2. The case against the petitioner is one instituted upon

the complaint (Annexure-II) filed by the first respondent

(hereinafter referred to as 'the complainant'). The history of

the Sree Krishna Swamy Devaswom/Temple (hereinafter

referred to as 'the temple') and the administration and

management of the properties of the temple is narrated in the

complaint. However, the material averments/allegations in the

complaint, with regard to commission of the offences alleged

against the accused, are the following: The complainant is the

Managing Trustee of the temple. The temple exclusively

3

belongs to Maharashtra Brahmins who are generally known as

'Pandithars'. The first accused is a Maharashtra Brahmin

settled down in Mattancherry. The second accused is also a

Maharashtra Brahmin. He is a person who has settled down in

Pune District

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