SAFWAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question continuation of proceedings in C.C.No.2414/2018 against the petitioner for the offences punishable under Ss. 143, 147, 148, 448, 323, 324, 427, 395 r/w. 149 of the IPC .

(2.) Heard Sri Sandesh J. Chouta, learned senior counsel for the petitioner and Sri Mahesh Shetty, learned High Court Government Pleader for respondent No.1.

(3.) Facts in brief, germane for consideration of the lis are as follows: The petitioner along with others were arraigned as accused in S.C.No.103/2018. Since the petitioner was not available for trial, the concerned Court splits the charge sheet and continues the proceedings in C.C.No.2414/2018 against the petitioner. What drives the petitioner to this Court at this juncture is the order passed by this Court in Crl.P.No.7720/2022 on 2/9/2022, qua accused No.13, who also had escaped trial. The concerned Court had split up the charge sheet and continued the proceedings in S.C.No.87/2019, against accused No.13. It is the contention of the petitioner that the allegations against him is similar to the allegations made against accused No.13 and therefore, the petitioner should be granted the same relief as is granted to accused No.13. As all the 22 accused were alleged of the same aforesaid offences and without there being any specific allegation against each of the accused, all of them are acquitted and therefore, seeks quashment of the impugned proceedings.