Iqbal vs State Of Karnataka
2023 Latest Caselaw 8390 Kant

Karnataka High Court

Iqbal vs State Of Karnataka on 24 November, 2023

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

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                                                                 NC: 2023:KHC:42520
                                                            CRL.P No. 11878 of 2023




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 24TH DAY OF NOVEMBER, 2023

                                                 BEFORE
                         THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                                 CRIMINAL PETITION NO. 11878 OF 2023
                        BETWEEN:

                        IQBAL
                        S/O CHABUSAB,
                        AGED ABOUT 48 YEARS,
                        RESIDING AT ANANDAPURAM,
                        SAGARA TALUK,
                        SHIVAMOGGA DISTRICT-577 412.

                        PRESENTLY R/AT
                        NO. 1-45(2A), KATTARIGUDDE HOUSE,
                        BELTHANGADY TALUK,
                        DAKSHINA KANNADA-574 228.
                                                                        ...PETITIONER
                        (BY SRI. ABDUL ANSAR P, ADVOCATE)

                        AND:

                        STATE OF KARNATAKA
                        BY MANIPAL P.S UDUPI,
Digitally signed by B   REP BY THE PUBLIC PROSECUTOR,
K
MAHENDRAKUMAR           HIGH COURT OF KARNATAKA,
Location: HIGH          BANGALORE-560 001.
COURT OF
KARNATAKA                                                             ...RESPONDENT
                        (BY SRI. VENKATSATYANARAYAN A, HCGP FOR R1)

                              THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
                        THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH
                        THE ENTIRE PROCEEDINGS IN C.C.NO.828/2023, ON THE FILE OF
                        2ND ADDL. CIVIL JUDGE AND JMFC AT UDUPI, FOR THE OFFENCE
                        P/U/S 201, 380, 411 R/W 34 OF IPC OF MANIPAL POLICE STATION,
                        IN SO FAR AS PETITIONER.

                             THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY,
                        THE COURT MADE THE FOLLOWING:
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                                           NC: 2023:KHC:42520
                                      CRL.P No. 11878 of 2023




                            ORDER

The petitioner-accused No.2 is sought to be prosecuted for the offences punishable under Sections 201, 380, 411 r/w 34 of IPC.

2. The case of the prosecution is that, during the month of February 2004 accused No.1 committed theft of 275 BMTC bus passes of Rs.20/- each from the Manipal press when he was working as helper in Manipal Press Ltd. The accused No.2 fully knowing that the bus passes were stolen had received the same from accused No.1 for money, and thereby committed the offence punishable under Section 411 of Cr.P.C.

3. The petitioner herein who was absconding, the charge sheet was split up, and the Trial Court after conducting trial against accused No.1 and after appreciating the evidence on record, acquitted accused No.1 on the ground that the prosecution has failed to prove the guilt of the accused beyond all reasonable doubts.

4. The prosecution to prove its case examined P.W.1 to P.W.10 and marked documents Exs.P1 to P10 and material documents at MO.1 to MO.8.

5. Heard the learned counsel for the petitioner and learned HCGP for the respondent -State.

6. The allegation against the petitioner-accused No.2 is that, fully knowing that the passes were stolen passes has received the same from the accused No.1. The learned Magistrate in C.C.No.960/2005 has recorded a categorical

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finding that the prosecution has failed to prove the guilt of the accused No.1 beyond all reasonable doubts that the accused No.1 has stolen the BMTC bus passes.

7. It is settled law that when there are no separate and distinct allegations made against the petitioner herein and other accused person, and when other accused is acquitted, it would amount to abuse of process of law, if the prosecution is ordered to be continued against the petitioner.

8. It is also a settled law that the judgment of acquittal of co-accused would not be admissible within the meaning of Sections 40 to 44 of the Indian Evidence Act and as such, the benefit of acquittal cannot be extended to the co- accused. But the said proposition of law is applicable when the material witnesses have not been examined.

9. The Trial Court acquitted accused No.1 on the ground that the prosecution did not establish that the accused No.1 committed theft of the bus passes. The charge that the petitioner received stolen property knowingly loses its basis or becomes irrelevant. It would be a futile exercise, if the petitioner is subjected to trial since the probability of his conviction is remote and bleak. So as to prevent the abuse of process of law and to maintain parity, it would be appropriate to quash the impugned proceedings. Therefore, the continuation of the criminal proceedings will be an abuse of the process of law. Accordingly, I pass the following:

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ORDER

i) The criminal petition is allowed;

ii) The impugned proceedings in C.C.No.828/2023 pending on the file of the II Additional Civil Judge and JMFC at Udupi, insofar it relates to the petitioner-accused No.2 stands quashed and consequently, the petitioner is acquitted of the said offences.

Sd/-

JUDGE

HR