Case Note & Summary
The petitioner, Madhu @ Madhu Gowda, was arraigned as Accused No.2 in Crime No.263/2016 registered by Girinagar Police Station, Bangalore, for offences punishable under Sections 489A, 489B, 489C, 489E, 420, 417 read with Section 34 of the Indian Penal Code. The petitioner was shown as an absconding accused in C.C.No.28582/2016. The charge-sheet was laid against Accused Nos.1 and 3 only. Accused Nos.1 and 3 were tried in S.C.No.9/2017 and acquitted by the trial court on 20.09.2018 after examining PW-1 to PW-5 and marking exhibits P1 to P11 and MO1 to MO3. The petitioner filed this criminal petition under Section 482 of the Code of Criminal Procedure, 1973, praying to quash the entire proceedings against him. The court, considering that the co-accused have been acquitted and no prima facie case is made out against the petitioner, held that continuing the proceedings would be an abuse of the process of court. Accordingly, the petition was allowed and the proceedings against the petitioner were quashed.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Section 482 CrPC - Acquittal of Co-Accused - The petitioner, shown as absconding accused, sought quashing of proceedings under Section 482 CrPC after co-accused were acquitted by the trial court. The court held that continuing proceedings against the petitioner would be an abuse of process of court as no prima facie case was made out against him. (Paras 1-4)
Issue of Consideration
Whether the criminal proceedings against the petitioner/accused No.2 should be quashed under Section 482 CrPC when the co-accused have been acquitted and there is no prima facie case against the petitioner.
Final Decision
The petition is allowed. The entire proceedings against the petitioner/accused No.2 in Cr.No.263/2016 of Girinagar Police Station, pending on the file of 24th ACMM, Bangalore (presently transferred to 56th ACMM, Bangalore) are quashed.
Law Points
- Quashing of criminal proceedings
- acquittal of co-accused
- no prima facie case
- Section 482 CrPC
- abuse of process of court
Case Details
2020 LawText (KAR) (11) 37
Criminal Petition No. 3323 of 2017
Akki Manjunath Gowda, Rashmi Jadhav
The State of Karnataka, Sri. Subramani K
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Nature of Litigation
Criminal petition under Section 482 CrPC seeking quashing of proceedings in a counterfeit currency case.
Remedy Sought
Petitioner sought quashing of entire proceedings against him in Cr.No.263/2016 pending before the 24th ACMM, Bangalore (transferred to 56th ACMM).
Filing Reason
Petitioner was shown as absconding accused No.2; co-accused were acquitted; no prima facie case against petitioner.
Previous Decisions
Co-accused (Accused No.1 Karthik and Accused No.3 Ashwin @ Dumma) were acquitted by the Trial Court in S.C.No.9/2017 dated 20.09.2018.
Issues
Whether the criminal proceedings against the petitioner should be quashed under Section 482 CrPC when co-accused have been acquitted and no prima facie case exists.
Submissions/Arguments
Petitioner's counsel argued that co-accused have been acquitted and no prima facie case is made out against the petitioner.
HCGP for the State opposed the petition.
Ratio Decidendi
When co-accused have been acquitted and no prima facie case is made out against the petitioner, continuing proceedings would be an abuse of the process of court, warranting quashing under Section 482 CrPC.
Judgment Excerpts
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, praying to quash the entire proceedings against the petitioner / accused No.2 in Cr.No.263/2016...
Accused Nos.1 and 3 have been acquitted in the judgment rendered by the Trial Court in S.C.No.9/2017 dated 20.09.2018...
Procedural History
FIR registered as Cr.No.263/2016 by Girinagar Police Station for offences under Sections 489A, 489B, 489C, 489E, 420, 417 r/w 34 IPC. Charge-sheet laid against Accused Nos.1 and 3. Petitioner shown as absconding accused. Trial against Accused Nos.1 and 3 resulted in acquittal on 20.09.2018. Petitioner filed Criminal Petition No.3323/2017 under Section 482 CrPC seeking quashing.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Indian Penal Code, 1860: 489A, 489B, 489C, 489E, 420, 417, 34
