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Showing contexts for: split up charge sheet in Mr Zakeer Khan vs State Of Karnataka on 22 April, 2022Matching Fragments
The petitioner calls in question the split charge sheet in C.C.No.770/2022 registered for offences punishable under Sections 86 and 87 of the Karnataka Forest Act r/w Section 379 of the IPC. Petitioner is accused No.1.
2. Heard Sri.Shaik Ismail Zabiulla, learned counsel for petitioner and Sri.Shankar.H.S., learned High Court Government Pleader for the respondent.
3. Brief facts leading to the filing of the present petition as borne out from the pleadings are as follows:
Since the petitioner and accused No.3 remained absent, a split charge sheet was filed against accused No.2 in the year 2010. In 2011, the Court committed the case to the sessions which was later on numbered as S.C.73/2011. On 29.10.2011, the trial Court acquitted the co-accused/accused No.2, on the basis of the evidence holding that the prosecution has failed to prove the guilt of accused No.2 beyond all reasonable doubt.
45. After about 11 years of pronouncement of the said order, the petitioner was arrested on 24.02.2022 and on 4.3.2022 a split charge sheet was filed against the petitioner in C.C.No.770/2022 and accused No.3. On 10.3.2022 the bail application also is rejected and the petitioner remains in custody. It is the initiation or registration of a split charge sheet against the petitioner in C.C.No.770/2022 that is called in question in the subject petition.
9. The afore-narrated facts are not in dispute. What lead to registration of the crime against the accused was that while patrolling in the forest the Circle Inspector receives credible information that sandalwood was being smuggled in a car at Holehonnur Road. The car was intercepted at about 12.15 a.m. and due to darkness a person fled and another person who was in the car was arrested. Sandalwood pieces were recovered. The petitioner was arraigned as accused No.1 and one Munavar Pasha as accused No.2. The petitioner along with accused No.2 was arrested and later on enlarged on bail. Since the petitioner was absconding, a split charge sheet was filed against accused No.2 and the trial was conducted. Throughout the trial, the petitioner was missing and an NBW was issued in LPR 6/2021 and the Station House Officer arrested the petitioner on 24.02.2022. It is after that a split charge sheet is filed against the petitioner in C.C.No.770/2022.
"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 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."