Karnataka High Court
Mohammad Shahid vs State Of Karnataka By on 3 April, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2024:KHC:13714
CRL.P No. 13792 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 13792 OF 2023
BETWEEN:
MOHAMMAD SHAHID
S/O ABUBAKAR,
AGED ABOUT 34 YEARS,
R/AT NO. 19,
PIPE LINE ROAD,
NEW GUDDENAHALLI,
BANGALORE - 560 089.
...PETITIONER
(BY SRI. MANJUNATH B.R., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
BHARATHI NAGARA POLICE STATION,
Digitally signed BANGALORE REPRESENTED BY
by V KRISHNA STATE PUBLIC PROSECUTOR,
Location: High HIGH COURT OF KARNATAKA,
Court of
Karnataka BANGALORE - 560 001.
2. SADIQUE PASHA,
S/O S. ABDUL KHALEED,
AGED ABOUT 54 YEARS,
R/AT NO. 274, BRIGHT JEWELERS,
JAIN TEMPLE ROAD,
SHIVAJINAGAR,
BANGALORE - 560 001.
...RESPONDENTS
-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 is
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.
3. FIR in Crime No.85/2013 was registered by
Bharati Nagar Police Station, Bengaluru for the offences
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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.
NC: 2024:KHC:13714
4. 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.
5. 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.
6. 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
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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.
7. 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 the committal Court in
C.C.No.57504/2023. Since the other accused as against
whom similar allegations were made have been already
acquitted by jurisdictional Sessions Court in
S.C.No.724/2019, no purpose would be served in
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
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that the prayer made by the petitioner is required to be
granted.
8. Accordingly, the petition is allowed.
The entire proceedings in C.C.No.57504/2023 which
is 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
hereby quashed.
Sd/-
JUDGE
NMS
