NAZEER @ NAZEER KALLADKA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is arrayed as accused No.10 in SC No.51/2007 and connected matters originally on the file of the VI Addl. District and Sessions Judge, Dakshina Kannada, Mangaluru, and later the same has been culminated into Sessions Case No.19/2009 on the file of the II Addl. District and Sessions Judge, Dakshina Kannada, Mangaluru.

(2.) The petitioner has claimed that some of the accused persons who were tried in the above noted Sessions Case are acquitted vide judgment dated 28.3.2018. Therefore, the petitioner claims that, the facts and circumstances of this case and the allegations made against the petitioner and the acquitted accused are one and the same and they are inseparable and indivisible in nature. However due to non availability of the petitioner, a split up charge sheet was filed against him in SC No.19/2009, pending on the file of the II Addl. District and Sessions Judge, Dakshina Kannada, Mangaluru. Therefore, the petitioner claims that benefit of judgment of acquittal may also be extended to the petitioner and consequently, all further proceedings against him in SC No.19/2009, may be quashed.

(3.) The benefit of judgment of acquittal can also be extended to the absconding accused persons against whom a split up case has been registered and consequential quashing of the proceedings can be done only under peculiar circumstances of the case. This point has been extensively dealt with by the Hon'ble Apex Court and this court.