Next > 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. 2148 OF 2019 BETWEEN:
SYED JAFFER S/O SYED ARIFF AGED ABOUT 25 YEARS, R/AT NO.3842/4 1ST CROSS, C V ROAD 2ND EDGA MYSURU CITY- 570 001.
(By Sri.YATHEESH CHANDRA.Y.S, ADV.) AND STATE OF KARNATAKA BY ROBERTSONPET POLICE STATION, KGF KOLAR, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001.
... PETITIONER ... RESPONDENT (By SRI.NASRULLA KHAN, HCGP)
S.C.NO.193/2016 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND PRINCIPAL J.M.F.C., K.G.F., KOLAR BY ALLOWING THIS PETITION.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner was charge sheeted and facing trial as accused No.3 in C.C.No.193/2016 for offences punishable under Sections 143, 144, 147, 148, 448, 323, 307, 506(B) and 149 of IPC on the file of the Senior Civil Judge and Prl.JMFC, K.G.F., Kolar.
2. Petitioner did not appear before the Court.
Hence, split up charge sheet has been filed against him in C.C.No.193/2016. Prosecution has examined 9 witnesses in S.C.No.55/2016. Perusal of paragraphs No.16, 17 and 18 of the Judgment shows that all witnesses viz., PWs 1 to 9 have turned hostile.
3. Learned Sessions Judge has recorded that out of 15 prosecution witnesses, 9 witnesses who were examined before the Court have turned hostile and the remaining have been dropped by prosecution. Accordingly, he has acquitted accused Nos.1, 2, 4, 5, 6 and 8. Case against accused No.7 stood abated.
4. Learned advocate for the petitioner submits that offences against all accused including the petitioner are common in nature. Accordingly, he prays for allowing this petition and quashing the criminal proceedings against the petitioner.
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