Sri Mohammed Munaf vs State Of Karnataka
2022 Latest Caselaw 7909 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 1ST DAY OF JUNE, 2022

                        BEFORE

     THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

       WRIT PETITION NO.11831 OF 2019(GM-RES)

BETWEEN:
SRI. MOHAMMED MUNAF
SON OF SHEIKH HONNUR SAB
AGED ABOUT 44 YEARS
RESIDING AT HOUSE NO.307
6TH CROSS, BASHA NAGAR
DAVANAGERE-577001
                                          ... PETITIONER
(BY SRI. P.M.SIDDAMALLAPPA, ADVOCATE)

AND:
1.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL
     SECRETARY
     DEPARTMENT OF HOME
     M.S.BUILDING
     BENGALURU-560001

2.     STATE OF KARNATAKA
       REPRESENTED BY BASAVA NAGAR
       POLICE STATION
       DAVANAGERE
       DAVANAGERE DISTRICT
       PIN CODE-577002
       BY ITS SUB-INSPECTOR
                                        ... RESPONDENTS
(BY SRI. S.VISHWA MURTHY, HCGP)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE CRIMINAL PROSECUTION INITIATED BY
RESPONDENT POLICE IN C.C.NO.1284/2014 ON THE FILE OF
JMFC III COURT, DAVANAGERE FOR THE OFFENCE
                              -2-

PUNISHABLE UNDER SECTIONS 143, 147, 148, 302 READ
WITH 149 OF IPC.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING , THIS DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

The police filed split-up charge sheet against the

petitioner-accused No.4 who was absconding alleging that

on 14.10.1994, during Vijaya Dashami festival, there was a

procession in Davanagere town, and at that point of time,

the accused-petitioner along with other accused unlawfully

assembled and attacked the Vijaya Dashami procession and

accused Nos.2 and 3 pierced knife on the stomach and neck

of Shanmukhappa and accused Nos.7, 8 and 9 assaulted

him with club on his head and accused Nos.4, 15 and 16

along with other accused persons assaulted and kicked him

due to which he succumbed to injuries. The petitioner-

accused and other accused were charged for the offences

punishable under Sections 143, 147, 148, 302 read with

149 of IPC. Taking exception to the same, the petitioner

has filed this petition.

2. Learned counsel appearing for the petitioner-

accused submits that the learned Sessions Judge has

acquitted the main accused namely accused Nos.1, 3, 9 and

17 in S.C No.70/1996 and S.C No.56/1998 and also

acquitted accused Nos.4, 15 and 16 in S.C No.144/2000.

Hence, he submits that impugned proceedings requires to

be quashed so as to maintain parity, since it will be futile

exercise, if the petitioner is subjected to trial since the

possibility of conviction of the petitioner-accused is remote

and bleak.

3. On the other hand, learned High Court

Government Pleader for the State submits that the

impugned proceedings against the petitioner need not be

quashed and the petitioner-accused may be subjected to

trial since he is not entitled for the discretion of Section 482

of Cr.P.C., having regard to the fact that the petitioner was

absconding.

4. I have considered the submissions made by the

learned counsel for the parties.

5. Perusal of the judgment of acquittal passed in

S.C No.144/2000, S.C No.70//1996 and S.C No.56/1998

indicates that accused Nos.1, 3, 9 and 17 and accused

No.4, 15 and 16 have been acquitted, since the prosecution

failed to prove beyond reasonable doubt that the accused

therein committed the offences alleged against them.

There is no specific allegation of overt-act as against

accused No.10. The learned Sessions Judge has acquitted

accused No.3 against whom two specific allegation of overt-

act are made that he pierced knife on the stomach of

deceased Shanmukhappa and also acquitted accused Nos.7,

8, 14, 15 and 16 against whom there was specific allegation

of assaulting the deceased with club.

6. The prosecution having failed to prove the case

beyond reasonable doubt as against the accused against

whom there was specific allegations of overt-act, it would

be a futile exercise, if the petitioner against whom there is

no specific overt-act is subjected to trial, since the

possibility of conviction of the petitioner-accused is remote

and bleak. So as to maintain parity and to prevent abuse

of process of law, it would be appropriate to quash the

impugned proceedings. Accordingly, I pass the following:

ORDER

i) Writ Petition is allowed.

      ii)   The        impugned         proceedings      in

C.C.NO.1284/2014     pending on the file of the J.M.F.C III

Court, Davanagere, insofar it relates to accused No.10 is

hereby quashed.

Sd/-

JUDGE

SKS