IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.1729 OF 2019 BETWEEN:
IQBAL S/O HASANABBA AGED ABOUT 34 YEARS, R/AT 7/01, NISARGADHAMA NAGARA , MOODSHADDYE POST & VILLAGE, MANGALURU, D.K.DISTRICT-575 103.
(BY SHRI LETHIF B., ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY KAVOOR POLICE STATION, REP. BY THE SPP, HIGH COURT BUILDING, BANGALORE-560 001.
…PETITIONER 2. SACHIT S/O LATE SHASHIDAR, AGED ABOUT 27 YEARS, R/AT AMBEDKAR NAGAR, THIRUVALAI, VAMANJOOR, MANGALORE TALUK, D.K.DISTRICT-575 002.
… RESPONDENTS (BY SHRI NASRULLA KHAN, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN SPL.C.NO.193/2017 (CRIME NO.33/2014) OF KAVOOR POLICE STATION, D.K.DISTRICT, ON THE FILE OF THE II ADDITIONAL SESSIONS AND SPECIAL JUDGE, D.K.MANGALURU D.K FOR THE OFFENCES P/U/S.143,147,148,323,324,506 R/W SEC.149 OF IPC AND SEC.3(1)(x) OF SC AND ST ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER After investigation into FIR No.33/2014 registered in Kavoor Police Station on 20.02.2014, police filed a charge sheet in Spl.Case No.61/2014 for the offences punishable under Sections 143, 147, 148, 323, 324 and 506 r/w Section 149 of IPC and Section 3(1)(x) of SC/ST Act, 1989, against eight accused persons.
2. Petitioner is accused No.3 and he was absconding. Therefore, split up charge sheet was filed against him in Spl.Case No.193/2017. The trial was concluded against other accused in Spl.Case No.61/2014.
3. Shri Lethif B., learned advocate for the petitioner submits that in all nine witnesses were examined. Out of them, P.Ws.1, 2, 3, 4, 6 and 7 have turned hostile. P.W.5 is the doctor. P.Ws.8 and 9 are the police personnel. The learned trial Judge has recorded that the evidence of doctor and the investigating officers will not be of much consequence and accordingly, acquitted all the accused persons who were tried in the said case.
4. He further submits that since all other accused persons have been acquitted, no useful purpose would be served by continuing proceedings against the petitioner in a separate case. Accordingly, he prays for allowing this petition.
5. Shri Nasrulla Khan, learned HCGP in his usual fairness submits that he does not dispute the facts of the case.
6. Though, this Court has consistently taken a view that no useful purpose would be served by continuing the criminal proceedings against an individual against whom split up charge sheet had to be filed, while other accused persons have been acquitted after a full fledged trial, this trend is increasing in number. No explanation is forthcoming as to why petitioner did not attend the Court. He is an young man aged 34 years. Due to his absence, a split up charge sheet had to be filed in Spl.Case No.193/2017. Thus, the entire Court administration will have to put extra effort in such cases where the accused has absconded and did not appear before the learned trial Judge. Petitioner has come to this Court to have a luxury of acquittal on parity. Though, this Court has taken a consistent view to quash the proceedings in such cases, the cost incurred by the State exchequer and the time spent on this kind of exercise cannot be lost sight of.
7. In the circumstances, this petition is allowed on payment of cost of Rs.10,000/- to the State Government. All proceedings in Spl.C.No.193/2017 (Crime No.33/2014) of Kavoor Police Station, Dakshina Kannada, pending on the file of II Additional Sessions & Special Judge, Mangaluru, Dakshina Kannada, are quashed. It is made clear that this order shall enure to the benefit of petitioner after payment of costs in the name of Registrar General of this Court.
Sd/- JUDGE PB