ABHINANDAN A. R. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking for quashing of the proceedings in S.C.No.2037/2018 pending on the file of LXVII Additional City Civil and Sessions Judge, Bengaluru for the offences punishable under Sections 399 and 402 of IPC.

(2.) Crime No.61/2015 had been registered against the petitioner and four other persons for offences punishable under Sections 399 and 402 of IPC. Since accused No.1 was a juvenile and accused No.3 and 5 were absconding, Sessions Court directed for splitting up of the charge sheet and proceedings were conducted only against accused Nos.2 and 4. After holding full-fledged trial, the Sessions Court was pleased to acquit accused Nos.2 and 4 of the said offences in S.C.No.1115/2016 on the ground that the prosecution has been unable to prove the case as against accused Nos.2 and 4.

(3.) Petitioner-Accused No.3 is before this Court contending that once the proceedings as against accused Nos.2 and 4 had been completed and said accused Nos.2 and 4 had been acquitted on merits of the matter and the Sessions Court has categorically held that there is no offence made out against them and there being no allegation insofar as petitioner-accused No.3 is concerned, benefit of said acquittal is to be passed on to the accused No.3-petitioner herein. Hence, the proceedings initiated against petitioner-accused No.3 in S.C.No.2037/2018 are required to be quashed.