VISHWANATHA SHETTY Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader. Perused the records.

(2.) Petitioner has sought for quashing of the criminal case in C.C.No.2266/2012 on the file of JMFC(II Court), Mangaluru for the offence under Sections 109, 120(B) and 3, 25, 26, 28 of Indian Arms Act R/w 34 of IPC. Petitioner has sought for quashing of the said proceedings on the main ground that the other co-accused persons i.e., A1 to A3 were already acquitted and this petitioner was arrayed as A5 in the said case which is tried by the III Addl. District and Sessions Judge, Dakshina Kannada, Mangalore in Sessions Case No.143/2012 and acquitted A1 to A3 vide Judgement dated 23.07.2012.

(3.) Before adverting to the factual matrix of this case, it is just and necessary to bare in mind under what circumstances the Court can quash the proceedings against the co-accused when other co-accused were already acquitted by the Court after trying them. It is in this regard worth to refer to a decision of the Hon'ble Apex Court in Central Bureau Of Investigation v. Akhilesh Singh reported in AIR 2005 SC 268 wherein it was held that: "Quashing of charge and discharge of co-accused - offence of criminal conspiracy and murder - main accused who had alleged to have hatched conspiracy and who had motive to kill deceased was already discharged - That matter had attained finality - Discharge of co-accused by High Court by holding that no purpose would be served in further proceedings with case against co-accused-held proper".