MOHAMMED ANSAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question continuation of proceedings in S.C.No.34/2018 for the offences punishable under Ss. 364(A) , 384 read with 34 of the Indian Penal Code , 1860.

(2.) Heard Sri. Roshan S., learned counsel appearing for the petitioner, Smt. K.P. Yashoda, learned High Court Government Pleader appearing for respondent No.1 and Sri. Deepak S. Shetty, learned counsel appearing for respondent No.2.

(3.) The petitioner is accused No.3. On an incident that happened on 1/7/2011, a crime comes to be registered against other several accused in crime No.5/2012 for the afore- quoted offences. After the order of committal, the petitioner was not available for trial and therefore, a split chargesheet was filed against the petitioner in C.C.No.6/2012. Later, the Court of Sessions in terms of its order dtd. 24/9/2019 acquits accused Nos.2, 4, 5 and 7 in S.C.No.26/2012. In the light of the non availability of the petitioner for trial, the trial against the petitioner is now sought to be continued in S.C.No.34/2018.