Karnataka High Court
Junaid vs State Of Karnataka on 25 October, 2024
Author: K.Natarajan
Bench: K.Natarajan
-1-
NC: 2024:KHC:43105
CRL.P No. 9335 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 9335 OF 2024
BETWEEN:
JUNAID,
S/O ABOOBAKKAR,
AGED ABOUT 38 YEARS,
R/AT NEAR MALLURU KATTE,
BAJANA MANDIR,
MALLURU VILLAGE AND POST
MANGALORE 575 029
...PETITIONER
(BY SMT. HALEEMA AMEEN, ADVOCATE FOR
SRI. ASHOK KUMAR SHETTY K., ADVOCATE)
AND:
Digitally 1. STATE OF KARNATAKA
signed by BY MANGALURU RURAL POLICE STATION,
CHAITHRA P MANGALURU,
Location: REPRESENTED BY STATE PUBLIC PROSECUTOR,
High Court of
Karnataka HIGH COURT BUILDINGS,
BENGALURU 560 001
2. LATHA
AGED ABOUT 41 YEARS,
W/O SEETHARAMA POOJARY,
BADAKA BAIL HOUSE,
MANIKANTA PURA,
POLALI POST,
KARIYANGALA VILLAGE,
-2-
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CRL.P No. 9335 of 2024
BANTWAL TALUK
D.K. 574 153.
...RESPONDENTS
(BY SMT. M.M. WAHEEDA, HCGP FOR R1;
V/O/D 25.10.2024, NOTICE TO R2 IS D/W)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) PRAYING TO QUASH THE ENTIRE CRIMINAL
PROCEEDINGS INITIATED AGAINST THE PETITIONER IN
C.C.NO.53/2018 (CRIME NO. 369/2013 OF MANGALORE RURAL
P.S) ON THE FILE OF JMFC III COURT, MANGALURU
REGISTERED FOR THE OFFENCES P/U/S 143, 147, 148, 448,
323, 324, 395 R/W SECTION 149 OF IPC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL ORDER
This petition is filed by the petitioner/Accused No.14
under Section 582 of Bharatiya Nagarik Suraksha Sanhit,
2023 (in short 'BNSS') (Section 482 of Cr.P.C.,) for
quashing the criminal proceedings in C.C.No.53/2018
pending on the file of III Addl. District and Sessions Judge,
D.K, Mangaluru.
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2. Heard arguments of learned counsel for the
petitioner and learned High Court Government Pleader for
the State.
3. The case of the prosecution is that on the complaint
of C.W.1, Mangaluru Rural Police registered an F.I.R in
Crime No.369/2013 dated 21.10.2013 for the offences
punishable under Sections 143, 147, 148, 149, 395, 448,
323, 324, 354 read with Section 149 of IPC. After
investigation, charge sheet was filed against 17 accused
persons including the present petitioner. The petitioner
was Accused No.14 before the Sessions Judge and trial
was conducted. The trial was in progress, but the
petitioner-Accused No.14 is said to have remained absent.
Hence, case against the present petitioner was ordered to
be split up. For other remaining accused, the matter was
committed to the Court of Sessions and numbered as
S.C.No.28/2018. The other accused persons have
undergone the trial in S.C.No.28/2018 and the case
against the accused persons ended in acquittal as per the
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Judgment of the Sessions Court dated 29.09.2021 passed
under Section 232 of Cr.P.C.
4. Hence, the petitioner is before this Court for
quashing the criminal proceedings on the ground that all
the other accused in the criminal proceedings are
acquitted by the learned Sessions Judge by an order under
Section 232 of Cr.P.C. Therefore, counsel for the
petitioner submits that conducting trial against the present
petitioner is an abuse of process of law and prays for
quashing the same.
5. Per contra, learned High Court Government Pleader
objects the petition contending that allegation against this
petitioner is that he was absent and he has not faced the
trial. Therefore, prays for dismissing the petition.
6. In this case, the name of the petitioner is shown as
Accused No.14. Before committing the case, the petitioner
remained absent. Therefore, case against him was split
up and C.C.No.53/2018 had been given to him. Other
accused persons faced trial in S.C.No.28/2018. After
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framing of charge, the Trial Court examined six witnesses
and all the material witnesses turned hostile. Therefore,
the Trial Court has not proceeded with the trial and the
order of acquittal has been passed under Section 232 of
Cr.P.C. Hence, there is no case made out for recording
313 Cr.P.C., statement. Such being the case, once the
matter ended up in acquittal, that too acquittal under
Section 232 of Cr.P.C., and there is no specific evidence
made out by the prosecution from the evidence of
witnesses P.Ws.1 to 6. Such being the case, even if the
petition is committed to the Court of Sessions and trial has
begun, the Sessions Court is required to acquit the
petitioner as all the material witnesses have turned
hostile.
7. The contention of the learned High Court
Government Pleader cannot be accepted as there is
specific allegation made against the petitioner in the trial.
In fact all the prosecution witnesses have turned hostile
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and conducting trial against this petitioner is uncalled for
and nothing survives for consideration.
8. Therefore, the Petition is allowed. The charge-sheet
in Crime No.369/2013 filed by the Mangaluru Rural Police
as against Accused No.14 is hereby quashed.
Sd/-
(K.NATARAJAN)
JUDGE
BNV
