MOHAMMAD SHAHID v. STATE OF KARNATAKA

BHARATHI NAGARA POLICE STATION, BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

SADIQUE PASHA, S/O S. ABDUL KHALEED, AGED ABOUT 54 YEARS, R/AT NO. 274, BRIGHT JEWELERS, JAIN TEMPLE ROAD, SHIVAJINAGAR, BANGALORE - 560 001. …PETITIONER …RESPONDENTS Location: High Court of Karnataka - 2 - NC: 2024:KHC:13714 CRL.P No. 13792 of 2023 (BY SMT. K.P. YASHODHA, HCGP FOR R1; NOTICE NOT ORDERED IN RESPECT OF R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.57504/2023 OF BHARATHINAGAR POLICE STATION REGISTERED FOR THE OFFENCE P/U/S 143, 147, 148, 323, 324, 327, 427, 120B, 395 R/W 149 OF IPC PENDING ON THE FILE OF XI ADDL.C.M.M., MAYO HALL, BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Accused No.4 in C.C.No.57504/2023 which pending before the Court of XI ACMM, Mayo Hall Unit, Bengaluru for the offences punishable under Sections 143, 147, 148, 323, 324, 427, 120B, 395 R/w 149 of IPC is before this Court with a prayer to quash the entire proceedings in the said case against him.

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

FIR in Crime No.85/2013 was registered by Bharati Nagar Police Station, Bengaluru for the offences - 3 - NC: 2024:KHC:13714 CRL.P No. 13792 of 2023 punishable under Sections143, 147, 148, 323, 324, 427, 395 R/w 149 of IPC against Bright Jewellers and another on the basis of first information received from respondent No.2 herein. Investigation in the said case was complete and charge sheet was filed for the aforesaid offences as against 15 accused. The petitioner was arrayed as accused No.4 in the charge sheet. Accused No.1 had died during pendency of the case before the Trial Court. Accused Nos.2, 3, 5, 6, 8, 9, 11 to 14 were tried for the aforesaid offences by the Court of 57th Addl. City Civil & Sessions Judge, Bengaluru in S.C.No.724/2019 and they have been acquitted by the said Court by the judgment and order of acquittal dated 12.03.2020. The case as against the petitioner herein was split up and a split up case was registered as against him in C.C.No.57504/2023 which is now pending before the committal Court. The petitioner is before this Court with a prayer to quash the entire proceedings in the said case as against him on the ground that other accused facing similar charges have been acquitted by the Trial Court in S.C.No.724/2019. - 4 - NC: 2024:KHC:13714 CRL.P No. 13792 of 2023

Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that allegations against all accused are identical and in a full- fledged trial, accused Nos. 2, 3, 5, 6, 8, 9, 11 to 14 have been acquitted by the Trial Court and the said judgment and order of acquittal dated 12.03.2020 has attained finality. Therefore, no purpose would be served in continuing the impugned proceedings as against the petitioner.

Learned HCGP does not dispute the submission made by learned counsel for the petitioner that judgment and order of acquittal passed by the Trial Court in S.C.No.724/2019 dated 12.03.2020 has attained finality.

The charge sheet has been filed in the present case as against 15 persons for the offences punishable under Sections 143, 147, 148, 323, 324, 427, 120B, 395 R/w 149 of IPC . Accused No.1 is said to have been died during the pendency of the case. Therefore, case as - 5 - NC: 2024:KHC:13714 CRL.P No. 13792 of 2023 against him stood abated. Accused Nos.2, 3, 5, 6, 8, 9, 11 to 14 were tried for the alleged offences by the jurisdictional Sessions Court in S.C.No.724/2019 and by judgment and order dated 12.03.2020 they have been acquitted in the said case.

Undisputedly, the said judgment and order of acquittal has attained finality. Since the petitioner was absconding as on the date when the case as against the aforesaid accused was committed to the Trial Court, a split up case was registered against him and the same is now pending before committal Court C.C.No.57504/2023. Since the other accused as against whom similar allegations were made have been already acquitted jurisdictional Sessions Court S.C.No.724/2019, no purpose would be served continuing the impugned proceedings as against the petitioner. Continuation of impugned proceedings as against the petitioner is futile exercise and waste of Court's time. Under the circumstance, I am of the opinion - 6 - NC: 2024:KHC:13714 CRL.P No. 13792 of 2023 that the prayer made by the petitioner is required to be granted.