Document Fragment View

Matching Fragments

Petitioner is before this court calling in question the continuation of proceedings in C.C.No.960/2019 by drawing up a split charge sheet against the petitioner.

2. Heard learned counsel for the petitioner and learned HCGP for the State.

3. Petitioner-accused No.2 gets embroiled in a crime on 09.01.2015, which later is tried by the court of sessions, for offences punishable under Sections 307, 342, 504 & 506 read with Section 34 of IPC. It transpires that at the relevant point of time, the petitioner was not available for trial, the concerned court draws a split charge sheet against the petitioner in C.C.No.960/2019 and tries the other accused i.e., NC: 2024:KHC:23902 accused No.1 in S.C.No.227/2019. The Court of Sessions acquits accused No.1 in terms of the order dated 03.10.2022.

4. Since, the petitioner was not available for trial at that point of time as observed hereinabove, a split charge sheet was drawn and the petitioner is now sought to be tried in C.C.No.960/2019. The order of acquittal is based upon the victim herself turning hostile and not supporting the case of prosecution. Therefore, the concerned court draws a benefit of doubt and acquits accused No.1. If the victim has turned hostile to the prosecution qua accused No.1, it cannot be said that the victim would support the case of the prosecution when it comes to accused No.2. Therefore, permitting further proceedings against this petitioner, who would eventually get acquitted like how the accused No.1 stands acquitted will be a colossal waste of judicial time, which is too precious in these days. Therefore, I deem it appropriate to obliterate the proceedings against accused No.2 as is done in the case of accused No.1.

"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, NC: 2024:KHC:23902 in that view of the matter, the proceeding is quashed."

In view of criminal petition having been disposed of on merits, I.A.No.1/2017 for stay does not survive for consideration and same stands rejected."

6. For the aforesaid reasons, the following:

ORDER
(i) Criminal Petition is allowed; and
(ii) Impugned split charge sheet against the petitioner/accused No.2 in C.C.No.960/2019 NC: 2024:KHC:23902 on the file of the I Additional Chief Metropolitan Magistrate, Bengaluru, stands quashed.