Full Judgment
1. Petitioner in the above petition has sought for setting aside the order dt. 3-10-07 passed by the IV Addl. CMM, Bangalore city, in dismissing PCR No.21842/06.
2. The petitioner filed a private complaint against respondents 2 to 9 by arraying them as Al to A8. Before the trial Court under Sec. 200 of Cr.P.C. alleging that he is a member of St. Marks Cathedral Church, which is one of the constituent churches of Karnataka Central Diocese of the Church of South India and respondents 2 to 9 are the members of the said constituent churches.
3. Accused No. 1 is presently serving as Bishop and Deputy Mediator of Karnataka Central Diocese and Church of South India, and by virtue of he being the Bishop is also the Chairman of all the Boards that fall under the Karnataka Central Diocese, accused No.2 is none other than the wife of accused No.l, accused No.3 is the Principal of Bishop Cotton Girls School and also Secretary of the Board of Management of the said school, accused No.4 is the Treasurer, accused No.5 is the Accounts Manager, accused No.6 is the former Treasurer from January. 2002 to December. 2005. Accused No.7 is the Associate Treasurer and accused No.8 is the Personal Assistant to accused No.l and employee of the Karnataka Central Diocese.
4. Accused No. 1 and 2 along with the other accused have jointly opened a Savings Bank Account in Vijaya Bank. Residency road Branch. Bangalore. They have jointly defrauded the Bishop Cotton Girls School, by committing criminal conspiracy, misappropriation, forgery and falsification of accounts, and prayed the trial Court to take action and punish them under Sees. 406. 417, 418, 420. 468. 477A and 120B of IPC. The trial Court registering the said complaint as PCR I\io.21842/2006. Referred the same to first respondent Police for investigation under Sec. 156(3) of Cr.P.C. The Police after investigating the complaint filed a "B' report to Court with a notice to the petitioner - complainant. Petitioner filed a protest memo challenging the T3' report. In the 'B' report, the Investigation Officer has observed that there was no ingredient for the alleged offence under Sees. 406, 417, 418, 420. 468 and 120B of IPC. He has further stated that he could not collect materials and evidence, in proof of investigation as required under the IPC. Petitioner has filed affidavit evidence in support of the complaint and challenging the B' report. The trial Court after going through the averments made in the complaint and in the affidavit evidence filed in support of the complaint challenging the B' report, has observed, that no prima facie case is made out, disclosing commission of offence alleged in the complaint, and by its order dt. 3-10-07, dismissed the complaint and accepted the B' report.
5. I have gone through the averments made in the complaint and in the affidavit. They do not disclose commission of offence alleged in the complaint. I do not find any error in the order passed by the trial Court.
6. Accordingly, criminal petition devoid of merits.