Karnataka High Court
Sri Buddu Noorulamin vs State Of Karnataka on 27 January, 2014
Author: H N Nagamohan Das
Bench: H.N.Nagamohan Das
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 27TH DAY OF JANUARY, 2014
BEFORE
THE HON'BLE MR.JUSTICE H.N.NAGAMOHAN DAS
CRIMINAL PETITION NO.70/2014
BETWEEN:
SRI BUDDU NOORULAMIN,
S/O BUDDU ZAKRIA,
AGED ABOUT 35 YEARS,
RESIDING AT NEW COONY,
SHIRDI VILLAGE,
KUNDAPURA TALUK 574214.
... PETITIONER
(BY SRI VISHWAJITH SHETTY.S, ADV.)
AND:
STATE OF KARNATAKA,
BY BUNDOOR POLICE STATION,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUIDINGS,
BANGALORE-560001.
... RESPONDENT
(BY SRI B.J.ESWARAPPA, GP FOR R1)
THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO
QUASH THE ENTIRE PROCEEDINGS PENDING AS AGAINST
HIM IN C.C.NO.709/2012 PENDING BEFORE THE II ADDL.
C.J. AND J.M.F.C., KUNDAPURA REGISTERED FOR THE
2
OFFENCE P/U/S 143,147,148,341,323,324,504 AND 506(ii)
R/W SEC.149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The petitioner is one of the accused out of 83 accused in Cr.No.10/2006 for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 504 and 506 r/w Section 149 of IPC. After investigation, a charge sheet was filed in C.C.No.1570/2006. Since, the petitioner and some of the accused were absconding, the case was split up and the Trial Court has proceeded against some of the accused. The Trial Court vide judgment dated 02.02.2012 in C.C.No.1570/2006 acquitted some of the accused. On tracing some of the accused, a split charge sheet was filed in C.C.No.116/2012 and the same ended in acquittal vide judgment dated 12.06.2012. On tracing the petitioner, a split charge sheet was filed against him in C.C.No.709/2012. In this C.C.No.709/2012, the petitioner surrendered before the Trial Court and he was enlarged on bail. At this stage, the 3 petitioner is before this Court seeking quashing of the proceedings on the ground that he is entitled for the benefit of acquittal of other accused in C.C.No.1570/2006 and C.C.No.116/2012.
2. Learned counsel for the petitioner submits that the prosecution is relying on the same set of evidence which they relied on against other accused. It is not shown to me that what is the difference in the evidence against this petitioner. When the Trial Court assessed and evaluated the evidence produced by the prosecution against the other accused and acquitted them, then the petitioner is entitled for the benefit of the same.
3. In identical circumstances, the Supreme Court in the case of "Deepak Rajak V.State of West Bengal" (2007) 15 SCC 305, held in para.6 as under:
"A departure may be made in cases where the accused had not surrendered after the conviction in addition to not filing an appeal against the conviction. But as in the present case, after 4 surrender, the benefit of acquittal in the case of co- accused on similar accusations can be extended."
4. For the reasons state above, the following:
ORDER
i) The petition is hereby allowed.
ii) The proceedings against the petitioner in C.C.No.709/2012 pending on the file of the II Additional Civil Judge and JMFC, Kundapura are hereby quashed.
Sd/-
JUDGE VM