NICHU @ NISHRUTH Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is arrayed as accused No. 6 in CC No. 3793/2013 originally, and later Split up case in CC No. 2213/2017 came to be registered for the offence punishable under sections 143, 147, 148, 341, 323, 324, 504, 506 read with Section 149 of IPC, on the file of the JMFC III Court, Mangaluru.

(2.) The petitioner has claimed that some of the other accused persons who were tried in the above noted CC No. 3793/2013, were acquitted vide judgment dated 12.12.2017 by the JMFC-III Court, Mangaluru. 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 CC No. 2213/2017, pending on the file of the JMFC III Court 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 CC No. 2213/2017 pending on the file of the JMFC-III Court, Mangaluru, may be quashed.

(3.) The benefit of judgment of acquittal whether has to be extended to the absconding accused persons or not, against whom a split up case is 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.