SANNA SANGANAGOUDA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner who has arrayed as A3 in SC No. 42/2012 on the file of the learned District and Sessions Judge, Yadgiri, has preferred this petition seeking quashing of the entire proceedings pending in CC No. 152/2012, wherein a split up Criminal Case was registered against him on the file of JMFC, Shahapur on the ground that the learned Sessions Court has already acquitted the other accused persons in the said SC No. 42/2012.

(2.) THE learned counsel for the petitioner strenuously contends that originally charge sheet was laid by Shahapur Police against seven accused persons in total. Out of them, A1, A2, A5 to A7 were tried by the Sessions Court and acquitted those accused persons for the offence punishable under Section 143, 147, 148, 504, 302, 109, 114 read with Section 149 of IPC.

(3.) I have heard the learned High Court Government Pleader appearing for the respondent - State, who submitted that the Court can proceed with the matter considering the evidence of the witnesses and also judgment of the Trial Court. He has not specifically brought to my notice any special, specific and different allegations made against the petitioner in the charge sheet when compared with the other accused persons. In this background, the Court has to see whether the allegations made against the petitioner and other accused persons are indivisible and inseparable in nature and it is only a futile attempt to go on with the trial without any purpose or object and is a waste of judicial time. Therefore, it is just and necessary for this Court to just look into the allegations made in the charge sheet papers.