BALAMURALI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This petition has been filed to quash the proceedings in S.S.C.No.116 of 2016 on the file of the 1 st Additional District and Sessions Judge, (PCR) Court, Thanjavur having been taken cognizance for the offence under Sections 147, 294(b) and 323 of IPC and r/w Section 3(1)(x) of SC/ST Act, 1989.

(2.) The case of the prosecution is that there are totally twelve accused, in which, the petitioner herein was arrayed as A3. The respondent police after investigation, filed a final report and the same was taken cognizance as SSC No.40 of 2012 on the file of the 1st Additional District and Sessions Judge (PCR) Court, Thanjavur. During the trial due to long pendency of the case, the petitioner herein has not appeared no one occasion before the trial Court and hence, the case was split up and the trial was proceeded against the petitioner/accused No.3. After completion of the full fledged trial, the learned I Additional District and Sessions Judge (PCR) Court, Thanjavur has acquitted A1 to A6 in SSC No.116 of 2016 based on the ground that all the prime witness has turned hostile and the case against the petitioner is now pending as SSC No.116 of 2016.

(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.S.C.No.40 of 2012 and thereafter, A1 to A6 appeared before the trial Court and conducted the case, which was also ended in acquittal. Since, the petitioner has not appeared no one occasion before the trial Court, the trial Court split up the case insofar as the petitioner is concerned in S.S.C. No.116 of 2016 and it is now pending. The trial Court acquitted A1 to A6 on the ground that all the prime witness has turned hostile.