IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22nd DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION NO.8760 OF 2018 BETWEEN:
1. SHAKIR S/O K.U. MOHAMMED AGED ABOUT 35 YEARS R/AT NAVOOR HOUSE, GANDHINAGAR, SULLIA TALUK, KASABA VILLAGE, D.K. DISTRICT 574239.
2. P.K. ABDUL SHAREEF S/O MOHAMMED A.K AGED ABOUT 35 YEARS R/AT: 7/136, KAYATHOURDI HOUSE, GANDHINAGAR, SULLIA TQ., KASABA VILLAGE, D.K. DISTRICT 54239.
3. ABDUL BASHEER S/O ALHAMMAD AGED ABOUT 37 YEARS R/AT 6/245, KALLUMUTLU TANKIGUDDE HOUSE, GANDHINAGAR, SULLIA TQ, KASABA VILLAGE, D.K. DISTRICT 574239.
4. ABDULLA S/O MOIDEEN KUNHI, AGED ABOUT 29 YEARS, R/AT 7/200, KAYATHOURDI HOUSE GANDHINAGAR, SULLIA TQ, KASABA VILLAGE, D.K. DISTRICT 574239.
(By Sri.LETHIF.B, ADV.) AND THE STATE OF KARNATAKA BY SULLIA POLICE STATION REP BY THE S.P.P.
HIGH COURT BUILDING BANGALORE 560001.
... PETITIONERS ... RESPONDENT (By Smt :K.P.YASHODHA, HCGP) THIS CRL.PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.223/2015 (CRIME NO.23/2009) OF SULLIA POLICE STATION, D.K.DISTRICT, ON THE FILE OF THE CIVIL JUDGE AND JMFC COURT AT SULLIA, D.K.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard learned counsel for the petitioners and learned HCGP for the State.
2. Respondent-Police registered FIR No.23/2009 on 28.01.2009 in Sullia police station for the offences punishable under Sections 143, 144, 147, 148, 504, 427, 353, 332 read with section 149 of IPC and Section 2(a)(b) of Karnataka Prevention of Destruction and Loss of Property Act, 1981. The petitioners were not arrayed as accused in FIR. After investigation, police have filed charge sheet against petitioners herein arraigning them as accused Nos.14, 20, 24 and 25 respectively. The petitioners were absconding.
Therefore, trial was conducted in respect of the other accused in C.C.No.1124/2009. By judgment and order dated 19.3.2018, the learned Magistrate, Sullia, has acquitted 22 out of 30 accused, on the ground that except police officer, all independent witnesses have turned hostile and the evidence on record did not support prosecution’s case.
3. Learned Advocate for the petitioners submit that the petitioners herein have subsequently surrendered before the trial Court and a split up charge sheet in C.C.No.223/2015 has been filed against them. He submits that 22 accused have been acquitted and no appeal has been filed against the said order. Hence, the criminal proceedings against petitioners may be quashed as no useful purpose would be served by continuing them.
4. Learned HCGP, in his usual fairness, does not dispute the facts narrated by learned Advocate for the petitioners.
5. This Court has taken a consistent view that when co-accused have been acquitted after a full fledged trial, no useful purpose would be served by continuing proceedings against remaining accused. [See, Ashraf K.S. Vs. The State (Crl.P.No.3809/2017 decided on 12.06.2018)].
6. Resultantly, this petition merits consideration and it is accordingly allowed. All proceedings in C.C. No.223/2015 (crime No.23/2009) pending on the file of the Civil Judge and JMFC, Sullia, are quashed, so far as petitioners are concerned.
No costs.
Sd/- JUDGE ln.