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Showing contexts for: split up charge sheet in Mr Aris vs The State Of Karnataka on 27 June, 2024Matching Fragments
A crime comes to be registered in Crime No.117/1992 for the offences under Sections 84, 86 and 87 of the Karnataka Forest Act. After conduct of the investigation, a charge sheet is laid against all the accused in C.C.No.790/2015. The concerned Court tries all other accused except the petitioner --3-
NC: 2024:KHC:23739 accused No.1 and accused No.2, as they were not available for trial, at the relevant point in time. The concerned Court continues the case against all the accused except the petitioner and another and directs to split up the charge sheet against those accused, who were absconding and registers a split charge sheet in C.C.No.240/2017. By the judgment dated 01.06.2023, the concerned Court in C.C.No.790/2015 acquits accused No.3 and no order is passed against the petitioner and accused No.2 as they were absconding. Since the proceedings against the petitioner is sought to be continued in split charge sheet in C.C.No.240/2017, the petitioner is before this Court in the subject petition.
4. Learned counsel for petitioner submits that the crime is of the year 1992 and by the judgment of acquittal, acquitting accused No.3 is rendered after 30 years i.e., 01.06.2023. The reasons so rendered by the concerned Court to acquit accused No.3 is squarely applicable to the case of the petitioner as in the light of the acquittal of accused No.3, accused Nos.1 to 3 are alleged of identical offences and permitting further proceedings to continue against this petitioner on the split NC: 2024:KHC:23739 charge sheet would become a waste of judicial time, as eventually, accused No.3 is acquitted.
"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 NC: 2024:KHC:23739 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."