FARZANA Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioners/accused Nos. 4 and 5 under Sec. 482 of Crimial P.C. seeking to quash the split-up charge sheet and the entire proceedings pending in C.C. No. 67/2013 on the file of the Civil Judge (Senior Division) and JMFC, Bhalki.

(2.) Brief facts leading to filing of the complaint are that, a complaint was lodged against the accused persons in Crime No. 123/2010. After completion of investigation, the charge sheet was filed against accused Nos. 1 to 5 in C.C. No. 74/2011. Accused Nos. 1 to 3 were arrested in C.C. No. 74/2011. Since, accused Nos. 4 and 5 were absconding, split-up charge sheet came to be filed in C.C. No. 67/2013. The case in respect of accused Nos. 1, 2 and 3 in C.C. No. 74/2011 was committed to the Court of learned Additional District and Sessions Judge, sitting at Bhalki and S.C. No. 17/2013 was given in respect of accused No. 1 and S.C. Nos. 128/2012 and 12/2012 were given in respect of accused Nos. 2 and 3. After conclusion of the trial, the Sessions Court acquitted accused Nos. 1 to 3 by common judgment and order dated 03.05.2014. Since, the split up charge sheet was filed against the petitioners, now they have come up before this Court praying that in the said case no witnesses have supported the case of the prosecution and a false case has been registered against the accused/petitioners.

(3.) It is also contended that no useful purpose would be served if the petitioners are asked to face the trial. It is further contended that material produced has already been appreciated and after considering the same, accused Nos. 1 to 3 have been acquitted. It is further contended that if the trial is held, it amounts to abuse of process of law. On these grounds, learned counsel for the petitioners prays for quashing the proceedings pending in C.C. No. 67/2013.