RAJ KUMAR Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in S.C.No.42 of 2018 on the file of the learned Principal Sessions Court, Virudhunagar District at Srivilliputtur (Special Court for SC and ST Act Cases).

(2.) The case of the prosecution is that there are totally 20 accused, in which, this petitioner is arraigned as A10. The respondent police after investigation, filed a final report and the same was taken cognizance as S.C.No.69 of 2009 on the file of the Principal Sessions Court, Virudhunagar District at Srivilliputtur (Special Court for SC and ST Act Cases). Since the petitioner was not able to attend the trial and hence, the case was split up in S.C.No.42 of 2018 and the trial was proceeded against the petitioner/accused No.10. After completion of the full fledged trial, the learned Principal Sessions Court, Virudhunagar District at Srivilliputtur (Special Court for SC and ST Act Cases) has acquitted all accused person in S.C.No.69 of 2009 by Judgment, dated 30.11.2018 on the ground that the prosecution has not been proved the case beyond reasonable doubt and the case against the petitioner is now pending as S.C.No.42 of 2018.

(3.) The learned counsel appearing for the petitioner submitted that the 1st respondent completed the investigation and filed the final report and the same has been taken cognizance in S.C.No.69 of 2009 and thereafter, A10 appeared before the trial Court and conducted the case, which was also ended in acquittal vide judgment dated 30.11.2018. Since, the petitioner/A10 went to abroad and non bailable warrant has been issued as against him and also, since the same was unable to execute the warrant issued against the petitioner, the trial Court split up the case insofar as A-10/the petitioner is concerned in S.C.No.42 of 2018 and it is now pending. The trial Court acquitted the other accused on the ground that the prosecution did not prove the case beyond doubt.