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2002 Supreme(SC) 60

ARIJIT PASAYAT, B.N.AGARWAL, M.B.SHAH
State of Karnataka – Appellant
Versus
M. Devendrappa – Respondent


JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. Order of learned Single Judge by which proceedings initiated against the respondents in CC No. 1613/1998 on the file of the CJM, Tumkur, were set aside is subject matter of challenge, in this appeal.

3. Background facts in nutshell essentially are as follows:-

The Inspector of Police, Fraud Squad, COD submitted a charge-sheet against the Respondents (hereinafter referred to as "accused") in the aforesaid case alleging commission of offences punishable under Sections 465, 468, 471 and 420 read with Section 120B of Indian Penal Code 1860 (in short IPC ). The said charge-sheet was submitted after investigation, on receipt of complaint made by one Police Inspector attached to the Fraud Squad, COD, Bangalore. Cognizance was taken by the CJM. Respondents -accused Nos. 1 & 2 filed application before the Karnataka High Court under Section 482 of the Code of Criminal Procedure, 1973 (in short the Code ). They inter alia contended that the allegations made have not been borne out by the materials/evidence collected during investigation and continuance of proceedings against them would be against the ends of justice. Learned single Judge noted th



















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