- 1 - NC: 2025:KHC:14327 CRL.P No. 8605 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8605 OF 2021 BETWEEN: MR. V.E.MAHESHWARAN, S/O LATE V.K EKAMBARAM AGED ABOUT 53 YEARS, R/AT NO.3, 2ND FLOOR, WHEELERS ROAD, FRAZER TOWN, BENGLAURU- 560005 NOW AT MEENAKSHI AMMAN KOVIL TRUST C/O. MEENAKSHI AMMAN KOVIL TRUST, SHIVAJINAGAR BENGALURU-42. …PETITIONER (BY SMT. M.D. ANURADHA URS, ADVOCATE) AND: 1. THE MUDALIAR SANGHAM REGISTERED ASSOCIATION OF PERSON BELONGING TO MUDALIAR COMMUNITY HAVING ITS OFFICE AT NO.54 OSBORNE ROAD, BENGALURU REPRESENTED BY ITS PRESIDENT MR.B.M SRINIVAS. 2. SRI MEENAKSHI AMMAN TEMPLE TRUST A RELIGIOUS ENDOWMENT OF MUDALIAR COMMUNITY SITUATED AT NO.42 MEENAKSHI AMMAN KOVIL STREET, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:14327 CRL.P No. 8605 of 2021 SHIVAJINAGAR, BENGALURU. REPRESENTED HEREBY ITS PRESIDENT AND TRUSTEE-42 3. MR.V.J.GOVINDARAJAN, S/O NOT KNOWN TO THE COMPLAINANT, AGED ABOUT 73 YEARS TRUSTEE MEENAKSHI AMMAN KOVIL TRUST R/AT NO.61, 4TH 'C' CROSS 9TH MAIN ROAD, KORAMANGALA BENGALURU 560 034. 4. MR. G. ANANTH S/O NOT KNOWN TO THE COMPLAINANT AGED ABOUT 68 YEARS TRUSTEE, MEENAKSHI AMMAN KOVIL TRUST R/AT NO.G-7 300, 4TH MAIN DOMALUR 2ND STAGE 3rd PHASE, BENGALURU-71. 5. MR.R. SHIVAPRAKASH S/O NOT KNOWN TO THE COMPLAINANT, AGED ABOUT 58 YEARS OBSERVER, MEENAKSHI AMMAN KOVIL TRUST C/O. MEENAKSHI AMMAN KOVIL TRUST SHIVAJINAGAR, BENGALURU - 560 051 6. MR. A.C. SUKUMARAN S/O NOT KNOWN TO THE COMPLAINANT TRUSTEE, MEENAKSHI AMMAN KOVIL TRUST R/AT NO.23/3 GANGADHAR CHETTY ROAD SHIVAJI NAGAR, BENGALURU-42. …RESPONDENTS - 3 - NC: 2025:KHC:14327 CRL.P No. 8605 of 2021 THIS CRL.P IS FILED U/S. 482 OF CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO QUASH ALL FURTHER PROCEEDINGS IN SO FAR AS THE PETITIONER WHO HAS BEEN ARRAYED AS ACCUSED NO.9 IN C.C.NO.6135/2020 FOR AN OFFENCE P/U/S.406, 420 OF IPC PENDING ON THE FILE OF THE 4TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner, arraigned as accused No.9 is before this Court challenging the proceedings in CC.No.6135/2020 pending before the IV Additional Chief Metropolitan Magistrate, Bangalore, registered for the offence punishable under Section 406 and 420 of IPC. 2. Matter arises out of a private complaint filed by one Mudaliar Sangam, a charitable institution said to have been established in the year 1929 for the welfare of Mudaliar Community. Initially, the complaint was referred to police for investigation, consequent to which B-report was submitted, challenged by the complainant. The - 4 - NC: 2025:KHC:14327 CRL.P No. 8605 of 2021 learned Magistrate has issued summons to the accused persons. 3. Learned counsel for petitioner would submit that accused Nos.2, 5 and 8 are no more and the matter is being dragged before the trial Court for no fault of the petitioner. It is also submitted that the advocate for the complainant has filed a memo before the trial Court to delete the name of accused No.6, as he could not serve summons upon him. Hence, the trial Court has deleted the name of said accused. 4. It is the contention of the learned counsel that the proceeding pending against the petitioner is nothing but an abuse of process of the Court and the petitioner herein has been unnecessarily targeted for no reason. The learned counsel has contended that petitioner became a trustee only in the year 2010, whereas the allegations relates to the year 1997 upto 2005. She has therefore, contended that the proceedings initiated against the petitioner is liable to be quashed. - 5 - NC: 2025:KHC:14327 CRL.P No. 8605 of 2021 5. The allegations in the complaint are that the accused have embezzled temple funds while undertaking a project for construction of Rajagopuram at an estimated cost of Rs.40 lakhs and an additional office block at the cost of Rs.5 lakhs. It is further alleged that the accused have executed the work without any sanction of approval from the concerned authorities and the work was entrusted to the contractor of the choice of accused Nos.2 to 9 for mutual benefit etc. Further allegations are that the accused have caused destruction of files, records and registers in respect of Deity's jewels, ornaments, pooja articles etc. 6. This Court can not conduct an enquiry into the veracity of the complaint averments. It is a matter for trial. However, in view of the claim of petitioner that he was a trustee only since 11.04.2010, he may bring necessary materials to the notice of the trial Court at appropriate stage. Further, if the petitioner files an - 6 - NC: 2025:KHC:14327 CRL.P No. 8605 of 2021 application for discharge, necessary orders may be passed, if charges are not already framed. 7. It is submitted by the learned counsel that though the matter is of the year 2013, for the last two years there is no much progress in the trial, as the complainants are unable to serve notice on all the accused and it is only the petitioner who is regularly appearing before the Trial Court. 8. It is relevant to consider that accused Nos.2, 5 and 8 are no more. The name of accused No.6 has been deleted from the array of accused on a memo filed by the learned counsel for the complainant. Hence, the trial Court is directed to expedite the matter. The petitioner is also at liberty to seek exemption from appearance and if such an application is filed, same may be considered liberally. With the above observation, petition is disposed of. - 7 - NC: 2025:KHC:14327 CRL.P No. 8605 of 2021 I.A.No.1/2021 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE PK List No.: 1 Sl No.: 3