HYDER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Inspector of Udupi Police Circle, having submitted a charge-sheet against the petitioner and others to the Prl. Chief Judicial Magistrate, Udupi for the offences punishable under Ss. 364, 302, 392 and 201 read with S.34 of IPC, in Crime No.71/2007 of Udupi Town Police station, the Chief Judicial Magistrate, having taken cognizance of the said offences, committed the case registered thereon to the Court of Sessions, Udupi District, under Section 209 of Cr.P.C. for trial, by splitting up accused No.2 from the case, as he was absconding. The petitioner herein, shown as accused No.3, having jumped the bail and as he could not be secured, case was split against him on 31.12.2007. Trial of the case as against the accused No.1 was conducted and by a Judgment dated 22.01.2009, was acquitted of the offences punishable under Ss.364, 302, 201 read with S.34 of IPC. Since he was in judicial custody, was ordered to be released, if not detained in any other crime/case.

(2.) Case having been split up against the petitioner, this petition was filed invoking Section 482 of Cr.P.C., to quash the entire proceeding in Sessions Case No.3/2008 (in Crime No.71/2007 of Udupi Town Police Station) on the file of Fast Track Court, Udupi District, in so far as petitioner is concerned i.e., for the offences punishable under Ss. 364, 302, 392 and 201 read with S. 34 of IPC.

(3.) Sri Nishit Kumar Shetty, learned advocate, contended that the benefit of acquittal in the Judgment dated 22.01.2009 passed in Sessions Case No.41/2007 by the Fast Track Court, Udupi could be extended to the petitioner.