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Showing contexts for: split up charge sheet in Chethan vs State Of Karnataka on 24 July, 2024Matching Fragments
3. The police conduct investigation and file a charge sheet. Filing of the charge sheet lead to the trial being conducted against all the accused. The concerned Court, in terms of its judgment dated 13.03.2023, acquits accused Nos.5 and 6 of the offences under Sections 399 and 402 of the IPC as observed hereinabove. The petitioner - accused No.3 at the relevant point in time was not available for the trial and therefore, the concerned Court splits the charge against the petitioner and the trial is directed to be continued in split up charge sheet in S.C.No.485/2023. Continuance of which has now driven the petitioner to this Court in the subject petition.
26. Point No.3:- In view of the above discussion and conclusion arrived at, this court is hereby proceeded to pass the following:
ORDER Accused No.5 and 6 are acquitted under section 235(1) of Cr.P.C., for the offences punishable under sections 399 & 402 of I.P.C.
The bail bonds of the accused No.5 and 6 and surety bonds of sureties of the accused No.5 and 6 are hereby stands cancelled.
Accused No.5 and 6 are set at liberty forthwith.
It is noticed that no split up charge sheet is filed against accused No.3 inspite of order dated 28.09.2018. There is no reference in the order sheet about filing of split up charge sheet. Hence, issue notice to I.0. seeing clarification whether split up charge sheet is filed against NC: 2024:KHC:29078 accused No.3 or not. If it is found that no split up charge sheet is filed against accused No.3, then issue notice to I.0. to file split up charge sheet immediately against accused No.3 Since case against accused No.3 is yet to be tried, presence of M.O.1 to 6 is very much necessary. As such, no order as to disposal of M.O.1 to 6 is passed and those material objections are ordered to be kept intact till confirmation of the completion of the trial against accused No.3."
NC: 2024:KHC:29078
8. The view of mine, in this regard, is fortified by the judgment of this Court dated 02.09.2022 passed in Crl.P.No.7720/2022, which reads as follows:
"4. The learned Sessions Judge, by his order dated 01.12.2021, acquits accused Nos.1 to 11, 14, 16 to 18 and 21 in S.C.No.103/2018. At the relevant point in time, when the trial was on, the petitioner was not available for trial, as he was allegedly absconding and a split charge sheet was issued against the petitioner in S.C.No.87/2019 in terms of an order of the learned Sessions Judge dated 10.06.2019. The continuation of proceedings in S.C.No.87/2019 is what drives the petitioner to this Court in the subject petition.
"The petitioner is the accused in the case and he is shown to be the absconding. Therefore, the case against the petitioner was split up and charge-sheet was laid against other available accused Nos.1 and 3 for committing an offence punishable under Sections 498A and 307 IPC r/w 34 Indian Penal Code, 1860. After the trial, the Sessions Judge acquitted the accused Nos.1 to 3. The petitioner was arrested and proceedings were revived against him in the split charge sheet.... In the instant case also, the full pledged trial was held against accused Nos.1 to 3, in respect of the same offence. In the second round of trial against the petitioner, the evidence to be produced cannot be different from the one that was produced by the prosecution in the earlier case. Therefore, in that view of the matter, the proceeding is quashed."