IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CRIMINAL PETITION NO.2120 OF 2019 BETWEEN:
MOHAMMED ASLAM @ CHARMADY ASLAM S/O SHAIK MOHAMMED AGED ABOUT 39 YEARS R/AT CHARMADY HOUSE CHARMADY VILLAGE & POST BELTHANGADY TALUK D.K.DISTRICT-574231. … PETITIONER (By Mr. LETHIF B, ADV.) AND:
1. THE STATE OF KARNATAKA BY BELTHANGADY POLICE STATION D.K.DISTRICT REP BY SPP HIGH COURT BUILDING BANGALORE 560001.
2. MR SUNIL @ VENKATESH S/O BABU POOJARI AGED ABOUT 33 YEARS R/AT KAVAL PADURU KAILAR HOUSE BANTWAL TALUK D.K.DISTRICT-574231.
… RESPONDENTS (By Mr. VIJAYAKUMAR MAJAGE, ADDL SPP) - - -
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.628/2017 (CRIME NO.174/2015) OF BELTHANGADY POLICE STATION AND ETC.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Lethif B., learned counsel for the petitioner. Sri.Vijayakumar Majage, learned Additional State Public Prosecutor for the respondents.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition under Section 482 of the Code of Criminal Procedure, 1973, the petitioner inter alia seeks quashment of proceeding in C.C.No.628/2017 for the offences punishable under Sections 143, 147, 148, 341, 504, 506, 342, 323, 324, 307 read with 149 of Indian Penal Code, 1860 pending before the Civil Judge and JMFC, Belthangady.
4. When the matter was taken up today, learned counsel for the petitioner submitted that there are 5 accused persons out of which 4 accused persons except the petitioner have been acquitted in respect of the offences alleged against them. It is further submitted that the allegations which have been leveled against the petitioner as well as the accused persons who have been acquitted, are similar. It is further submitted that the proceeding pending against the petitioner be also quashed on the principle of parity.
5. On the other hand, learned Additional State Public Prosecutor opposed the prayer on the ground that the petitioner is absconding and he should be asked to surrender before the Magistrate and thereafter, his prayer may be dealt with in accordance with law. By way of rebuttal, learned counsel for the petitioner has produced a copy of the orders dated 05.07.2017 passed in Crl.P.No.4796/2017 and 27.11.2018 passed in Crl.P.No.7943/2018, wherein in case of accused who is absconding, this Court has quashed the proceedings.
6. In view of the aforesaid enunciation of law by various coordinate Benches of this Court as well as taking into account the fact that the allegations made against the petitioner as well as 4 accused persons who have been already acquitted are similar, I deem it appropriate to quash the proceeding initiated against the petitioner vide C.C.No.628/2017 pending before Civil Judge and JMFC, Belthangady, on the principle of parity.
Accordingly, the petition is allowed.
Sd/- JUDGE RV