IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRL.P. NO.6543/2019 BETWEEN SRI AKALAK AHAMED S/O UKKHAN SAHEB AGED ABOUT 54 YEARS, R/AT SOORLAKOPPA MOODUPERARU MANGALURU-575003.
(BY SMT. HALEEMA AMEEN, ADV.) AND:
STATE OF KARNATAKA, ULLALA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560001.
(SMT. K.P.YASHODHA, HCGP.) …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.197/2019 ON THE FILE OF THE IInd ADDITIONAL ASCJ AND CJM COURT MANGALURU REGISTERED BY THE ULLALA POLICE STATION, AGAINST THE PETITIONER AND OTHERS FOR THE OFFENCE P/U/S.143,147,427,336 R/W SEC.149 OF IPC.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Govt. Pleader.
2. The counsel for the petitioner submits that on 04.12.1985, the Ullal Police registered FIR against the petitioner and others for the offences punishable under Section 143, 147, 336 and 427 r/w 149 of IPC alleging that the petitioner and 8 others who were students used to travel regularly in the bus bearing No.MIG 5417, and on 04-12-85 formed an unlawful assembly pelted stones at the bus demanding a stop at Ambika Road, and caused damage and loss to the extent of Rs.800/- by breaking the glasses of the windows.
3. The counsel for the petitioner further submits that case was numbered as C.C. 605/1989. There after charge sheet was filed. That except the petitioner the 8 other accused were tried for the aforesaid offences. As the petitioner after completing his studies started working abroad he was unaware of the pendency of the case, and was not available for trial. So, the case against him was split-up. Further, on 05.08.1991, A1, A3 to A9 were acquitted of the charges alleged against them. Case against the petitioner who was A2 was listed in Long Pending Cases file and the same was numbered at LPC 8/1994 on 12-08-1994. On 28.03.2019 he was arrested by the police when he came to India to perform the marriage of his daughter and was enlarged on bail. On 01.04.2019 a separate case as CC 197/2019 was registered against the petitioner on the file of 2nd Additional Civil Judge & C.J.M. Mangalore.
4. It is further submitted that as all the co-accused in the main CC 605/1989 were acquitted and as there was no iota of material against the petitioner even in the evidence of any of the witnesses examined by the prosecution in the main case, continuing with proceedings of the case at CC No.197/2019 is waste of valuable judicial time of the court and hence is an abuse of the process of law. Therefore, in order to secure the ends of justice, it is just and necessary to quash the entire proceedings in CC 197/2019, arising out of main case in CC 605/1989.
5. Learned High Court Govt. Pleader for the respondent- State fairly submits that as against the judgment and order of acquittal, no appeal is preferred by the State. The learned counsel for the petitioner would place reliance on a ruling by a Co-ordinate Bench of this Court rendered in Criminal Petition No.101/2019 wherein the Co-ordinate Bench has been pleased to held in para 5 as under:-
“5. This Court has taken a consistent view that when the co-accused have been acquitted, no useful purpose would be served to continue the proceedings against remaining accused facing the very same charges. [See, Ashraf K.S. Vs. The State (Crl.P.No.3809/2017 decided on 12.06.2018)].”
This court is in agreement with the view expressed by the Co- ordinate Bench. Accordingly, the petition is allowed, the entire proceedings in C.C. No.197/2019 on the file of II Addl.
ASCJ & CJM (II Court), Mangaluru registered against the petitioner stands quashed.
Sd/- JUDGE Chs* CT-HR