KREEDA MANDAL CLUB KHANAPUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned HCGP for the State, perused the materials relating to the case in C.C.No.597/2013.

(2.) This petition has been filed by the petitioner Kreedar Mandal Club, Khanapur, represented by its president namely Hemant Damodar Salgaonkar and by avocation as an advocate and petitioner No.2-Kreeda Mandal Club Khanapur represented by its voice president Shamsuddin S/o. Umarsab Kittur, by avocation as business man.

(3.) Factual matrix of this petition are as under: Kreeda Mandal Club Khanarpur is registered association, registered under the Co-operative Societies Act. The said Kreeda Mandal was provided with the land bearing R.S.No.53/A, measuring 5 Gunta situated at Station Road, Khanapur forms part of the R.S.No.53 and same is belongs to one Sri.Ramachandra Parashuram Gavade of Khanapur. Subsequently, Kreeda Mandal secured building permission from the competent authority and constructed a RCC structure over the same covering the area of 5 Guntas and thereafter, Kreeda Mandal passed a resolution on 11.11.1962. The entire premises including open area belongs to the father of the accused No.5, by leasing for a period of 50 years with effect from 01.05.1963. In pursuance of the lease agreement, the father of the accused No.5 to run a canteen in the name and style of Kreeda Mandal Canteen during the life time. Thus, all the averments made in the complaint by the complainant before the respondent police, based upon the complaint a crime came to be registered. Consequently, Investigating Officer laid the charge sheet against the accused in C.C.No.597/2013 which is pending on the file of the Court of Prl. Civil Judge and JMFC, Khanapur.