IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.819 OF 2017 BETWEEN:
IRFAN AMZAD S/O HAMSA ABUBAKKAR AGED ABOUT 27 YEARS, OCC: PETTY BUSINESS, R/AT BORUGUDDE HOUSE, KUKKALA VILLAGE BELTHANGADY TALUK D.K.DISTRICT-574214 ... PETITIONER (BY SRI. RAVINDRA B DESHPANDE, ADVOCATE) AND:
1.THE STATE OF KARNATAKA PUNJALAKATTE POLICE STATION BELTHANGADY CIRCLE D.K.DIST-574214 (REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS BENGALURU-560 001) 2.MUSTHAF S/O USMAN AGED ABOUT 36 YEARS R/AT KAKKEJAL HOUSE, UJRE,BELTHANGADY TALUK D.K.DISTRICT-574240 .. RESPONDENTS (BY SRI. S. RACHAIAH, HCGP FOR R-1) THIS CRL.P. IS FILED U/S.482 CR.P.C., PRAYING TO QUASH ENTIRE PROCEEDINGS AS AGAINST THE PETITIONER IN C.C.NO.224/2014 PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND J.M.F.C., BELTHANGADY, D.K. (CHARGE SHEETED FOR THE OFFENCE P/U/S 341,323,354,504 R/W 34 OF IPC), ETC.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. Pursuant to the registration of FIR No.72/2012 on 14.10.2012 in Punjalakatte Police Station, the police have filed charge sheet against three accused for offences punishable under Sections 341, 323, 354, 504 r/w 34 IPC. The petitioner is accused No.1 in C.C.No.193/2013 and he was absconding. Consequently, accused No.2 and 3 were tried in C.C.No.193/2013. By his order dated 29.04.2014, the Principal Civil Judge & JMFC., Belthangady, D.K., has acquitted accused No.2 and 3 by holding that the prosecution has “utterly failed” to prove the guilt of the accused persons.
3. The learned Advocate for the petitioner submits pursuant to filing of split up charge sheet, the petitioner is facing trial in C.C.No.224/2014.
4. This Court has taken a consistent view that if co- accused are acquitted after a full-fledged trial, no useful purpose would be served in continuing the criminal proceedings against the other accused on the same set of facts. [See Ashraf K.S. Vs. The State (Crl.P.No.3809/2017 decided on 12.06.2018)].
5. Resultantly, this petition merits consideration accordingly it is allowed. All proceedings in C.C.No.224/2014 pending on the file of Additional Civil Judge & JMFC., Belthangady, D.K., are quashed, so far as petitioner is concerned.
6. In view of disposal of the petition, I.A.No.1/2017 does not survive for consideration and the same is also disposed of. No costs.
Sd/- JUDGE Np/-