C.K. HAMSA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner (A2)- C.K. Hamsa, has sought for quashing of the case in C.C. No.43/2015 on the file of the Senior Civil Judge and CJM at Madikeri, for the offence punishable under Section 420 r/w. Section 34 of IPC on the ground that, the other accused persons i.e., the co-accused in the said case have already been acquitted of the charges leveled against them, who were also charged for the same offences, in the said case.

(2.) Before adverting to the materials available on record, the court has to find-out, whether the proceedings can be quashed against the petitioner when the co-accused in the said case have already been acquitted of the same alleged charges. Therefore, at this stage, it is worth to refer here a decision of the Hon'ble Apex Court reported in AIR 2005 SCC 268 [CBI v. Akhilesh Singh ], the relevant portion of which reads thus:-

(3.) In view of the above said two decisions, it is clear that, if the allegations made against the petitioner and other acquitted persons are one and the same and they are inseparable and indivisible in nature, in such an eventuality, the benefit of acquittal should be granted to other co-accused persons. Otherwise, the further continuation of the proceedings would amount to abuse of process of law and the court. Therefore, in such an eventuality the court can exercise its powers under Section 482 of Cr.PC. and quash such proceedings.