RAJU Vs. STATE

JUDGEMENT

(1.) THE petitioners have sought for quashing of the entire proceedings in S.C.No.36/213 on the file of the Prl. District & Sessions Judge, Bidar.

(2.) THE undisputed factual matrix of the case are that the petitioners and other accused Nos.1 to 3 were charge sheeted in S.C.No.85/2010 for the offences punishable under Sections 498 -A, 304 -B, 306 r/w 34 of IPC and also under Section 3, 4 and 6 of Dowry Prohibition Act. As this present petitioner was absconding he was not available for the trial, the accused No.3 was also shown as absconding. Therefore, accused Nos.1 and 2 who are no other than the father and mother of these petitioners were sent for trial in S.C.No.85/2010. The Trial Court has framed charges against accused Nos.1 and 2 coupled with the accused Nos.2 and 3 though they were not present. The allegations made in the charges leveled by the Trial Court shows that including the allegations made against accused Nos.3 and 4 the charges were leveled against accused Nos.1 and 2. The accused Nos.1 and 2 denied the charges against them and trial went on.

(3.) THE prosecution in order to prove the guilt of the accused examined as many as 25 witnesses and got marked 38 documents Ex.P1 to 38. The accused persons were also examined under Section 313 of Cr.P.C. and ultimately after hearing both the sides the Trial Court has acquitted accused Nos.1 and 2 for all the offences leveled against them exercising the power under Section 235(1) of Cr.P.C. In the said judgment itself it is stated that all the articles were returned to the concerned police for submitting before the Court along with split up charge sheet against accused Nos.3 and 4. Subsequently, the police have submitted the split up charge sheet against these petitioners in the above S.C.No.36/2013.