IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.2863 OF 2019 BETWEEN:
SHIJIL @ SENDIL S/O SURENDRAN AGED ABOUT 35 YEARS R/AT LAKSHMINIVAS KADAKOLAN VILLAGE AND POST KOTTAREKERE TALUK KOLLAM DISTRICT KERALA STATE-691 506 … PETITIONER (BY SHRI. B. ROOPESHA, ADVOCATE) AND:
1. STATE OF KARNATAKA BY BEECHANAHALLI POLICE STATION MYSURU DIST REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU-560 001 2. SRINIVASA S/O KENCHEGOWDA AGED ABOUT 41 YEARS R/AT ARRACK OFFICE HAND POST H.D. KOTE TALUK MYSURU DISTRICT-571 125 ... RESPONDENTS (BY SHRI. NASRULLA KHAN, HCGP FOR R-1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST THE PETITIONER IN C.C.NO.393/2007 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND J.M.F.C., HEGGADADEVANAKOTE FOR THE OFFENCE P/U/S 395,398,400,401 AND 170 OF IPC FILED BY RESPONDENT POLICE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Pursuant to registration of FIR No.80/2006 on 09.07.2006 in beechanahalli Police Station, police have filed charge sheet against six accused for offences punishable under Sections 395, 398, 400, 401, 170 of IPC. In the charge sheet it is stated that on 07.09.2006, accused persons with an intention to commit dacoity, impersonating themselves as CBI officials, robbed C.W.1 of Rs.48.400/-. Accused Nos.2 & 4 were tried in S.C.No.232/2007. Petitioner is accused No.5.
2. In paragraph No.42 of the judgment in S.C.No.232/2007, learned trial Judge has recorded that prosecution has utterly failed to prove the case beyond reasonable doubt. In paragraph No.29, learned trial Judge has recorded that P.Ws.10 and 11 have identified the amount but it is not stated from which accused amount was recovered. Accordingly, the learned trial Judge has held that it is not safe to rely on recovery of material and accordingly, acquitted accused Nos.2 and 4. Proceedings against accused No.1 have been quashed in Crl.P.No.3219/2017. The charge against all accused is common in nature. As the learned trial Judge has recorded that prosecution has failed to prove the case beyond reasonable doubt, no useful purpose would be served in continuing the proceedings against the petitioner.
3. Hence, this petition merits consideration and it is accordingly allowed. The proceedings in C.C.No.393/2007, pending on the file of Civil Judge(Jr.Dn.) & JMFC, H.D.Kote, are quashed so far as petitioner is concerned.
Sd/- JUDGE Yn.