C M Saddam vs The State Of Karnataka on 7 December, 2018

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Karnataka High Court

C M Saddam vs The State Of Karnataka on 7 December, 2018

Bench: P.S.Dinesh Kumar

                          1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 7TH DAY OF DECEMBER 2018

                       BEFORE

   THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR

          CRIMINAL PETITION NO.8079/2018
BETWEEN:

C M SADDAM
S/O IBRAHIM SAB
AGED ABOUT 42 YEARS,
R/AT ECSENA COLONY
BHADRAVATI - 577301
SHIMOGGA DISTRICT.
                                       ...PETITIONER
(BY SHRI SHAKEEL AHMED, ADVOCATE)

AND:

THE STATE OF KARNATAKA
BY BADRAVATHI STATION HOUSE OFFICER
REP BY SPP
HIGH COURT OF KARNATAKA
HIGH COURT BUILDING
BENGALURU - 560001
                                      ...RESPONDENT
(BY SHRI S. RACHAIAH, HCGP.)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER
PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO
QUASH THE PROCEEDINGS IN C.C.NO.2821/2017 WHICH
HAVE BEEN INITIATED BY THE RESPONDENT POLICE
PENDING BEFORE PRINCIPAL CIVIL JUDGE AND JMFC
COURT, BHADRAVATHI AT SHIVAMOGA, UNDER SECTIONS
                               2


143, 147, 427 OF IPC AND SECTION 2(a) OF KARNATAKA
PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY
ACT 1981 ETC.


      THIS PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:

                       ORDER

Heard Shri Shakeel Ahmed, learned advocate for the petitioner and Shri S. Rachaiah, learned HCGP for the State.

2. FIR No.75/2011 was registered on 28.04.2011 in Bhadravathi Old Town Police Station against the petitioner-accused No.3. Police after investigation have filed charge sheet against eleven persons for the offences punishable under Sections 143, 147, 427 of IPC and Section 2(a) of Karnataka Prevention of Destruction and Loss of Property Act, 1981. Nine accused were tried in C.C.No.1926/2012 by learned JMFC, Bhadravathi and since the petitioner was absconding, a split up charge sheet was filed in C.C.No.2821/2017. By his order dated 04.06.2018, 3 the learned Magistrate acquitted all the nine accused by recording that the prosecution has failed to prove the case.

3. 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. [See, Ashraf K.S. Vs. The State (Crl.P.No.3809/2017 decided on 12.06.2018)].

4. Resultantly, this petition merits consideration accordingly it is allowed. All proceedings in C.C.No.2821/2017 pending on the file of Principal Civil Judge and JMFC, Bhadravathi, are quashed, so far as petitioner is concerned.

5. In view of disposal of the petition, I.A.No.1/2018 does not survive for consideration and the same is also disposed of.

No costs.

Sd/-

JUDGE nvj

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