IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.1567 OF 2018 BETWEEN:
USMAN SADIQ KHAN @ MOHAMMED SADIQ KHAN S/O ABDUL HAMEED USMAN KHAN AGED ABOUT 48 YEARS R/AT AL RAHAMA BUILDING - 2 FLAT NUMBER - 502 ABU SHAGARA, SHARJAH UAE ... PETITIONER (BY SHRI. PRUTHVI WODEYAR, ADVOCATE) AND:
1. SAGAR TOWN POLICE STATION SAGAR, SHIVAMOGGA DISTRICT REPRESENTED BY S.P.P.
HIGH COURT BUILDING BANGALORE – 560 001 2. SHAHINA BEGUM D/O MOHAMMED SADIQ KHAN AGED ABOUT 39 YEARS NEHRU NAGAR, 3RD CROSS SAGAR TOWN SHIVAMOGGA DISTRICT - 577 401 ... RESPONDENTS (BY SHRI. NASRULLA KHAN, HCGP FOR R1; RE-SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPLIT UP CASE IN C.C.NO.331/2010 (CR.NO.169/2008) PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., SAGAR AGAINST THE PETITIONER HEREIN FOR THE OFFENCE P/U/S 498(A) OF IPC AND SECTION 3 AND 4 OF D.P. ACT R/W SECTION 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER After investigating into FIR No.169/2008 registered on 22.07.2008 in Sagar Town Police Station, Police have filed the charge sheet for offences punishable under Sections 498A of IPC read with Sections 3 & 4 of D.P.Act and Section 34 of IPC against four accused. Petitioner is accused No.1, he was reported as absconding. Accordingly, trial was conducted against accused Nos.2, 3 and 4 in C.C.No.115/2009. By judgment and order dated 17.09.2016, learned Trial Judge has acquitted accused Nos.2, 3 & 4. A split up charge sheet has been filed against the petitioner in C.C.No.331/2010 on the file of Principal Civil Judge (Jr.Dn.) and JMFC, Sagar. Petitioner has challenged the criminal proceedings initiated against him on the ground of parity.
2. Shri Pruthvi Wodeyar, learned advocate for the petitioner submitted that in C.C.No.115/2009, prosecution has examined three witnesses. Learned Trial Judge has recorded in Paragraph No.17 of the judgment dated 17.09.2016 that PW.1 has partly supported the prosecution, PW.2 has turned hostile and PW.3 is spot mahazar witness. Learned Trial Judge has further recorded that prosecution has failed to prove the case beyond reasonable doubt.
3. Shri Wodeyar submitted that in the light of above facts, no useful purpose would be served by continuing the criminal proceedings against the petitioner as the allegations levelled against all accused is common in nature.
4. Shri Nageshwarappa, learned HCGP, in his usual fairness, does not dispute the facts stated by the learned advocate for the petitioner.
5. Petitioner is residing at UAE. He has not joined the investigation nor attended the Court below. By the judgment and order dated 17.09.2016 in C.C.No.115/2009, learned Trial Judge has acquitted accused Nos.2, 3 & 4.
6. Learned advocate for the petitioner is right in his submission that learned Magistrate has recorded that the prosecution has failed to prove that case beyond all reasonable doubt.
7. This Court has taken a consistent view that where some of the accused have been acquitted after a full fledged trial, no useful purpose would be served in continuing trial against co-accused with common charges.
8. Resultantly, this petition merits consideration and it is accordingly allowed. Entire proceedings in C.C.No.331/2010 pending on the file of Principal Civil Judge (Jr.Dn.) & JMFC, Sagar, are quashed.
9. In view of disposal of the petition, I.A.No.1/2018 does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE AV