Case Note & Summary
The petitioner, Hyder, was accused No.3 in Sessions Case No.3/2008 arising from Crime No.71/2007 of Udupi Town Police Station, for offences punishable under Sections 364, 302, 392 and 201 read with Section 34 of the Indian Penal Code, 1860. The charge-sheet was filed by the Police Circle Inspector, Udupi, before the Principal Chief Judicial Magistrate, Udupi, who took cognizance and committed the case to the Sessions Court under Section 209 Cr.P.C. The petitioner jumped bail and could not be secured, leading to the case being split against him on 31.12.2007. Meanwhile, the trial proceeded against accused No.1, who was acquitted of all charges by judgment dated 22.01.2009. The petitioner then filed this petition under Section 482 Cr.P.C. seeking quashing of the proceedings against him. The High Court observed that since accused No.1 was acquitted on the same evidence, continuing the trial against the petitioner would serve no useful purpose and would be an abuse of the process of court. Accordingly, the court allowed the petition and quashed the entire proceedings against the petitioner.
Headnote
A) Criminal Procedure Code - Inherent Powers - Quashing of Proceedings - Section 482 Cr.P.C. - Acquittal of Co-Accused - Where the co-accused (accused No.1) was acquitted of all charges under Sections 364, 302, 201 read with Section 34 IPC after trial on the same evidence, and the petitioner (accused No.3) had jumped bail and was absconding, the High Court held that continuing the trial against the petitioner would be an abuse of process of court. The court quashed the entire proceedings against the petitioner under Section 482 Cr.P.C., as no useful purpose would be served by a separate trial. (Paras 1-3)
Issue of Consideration
Whether the criminal proceedings against the petitioner (accused No.3) should be quashed under Section 482 Cr.P.C. when the co-accused (accused No.1) has been acquitted on the same set of evidence and the petitioner has been absconding.
Final Decision
The High Court allowed the petition and quashed the entire proceedings in Sessions Case No.3/2008 (Crime No.71/2007) against the petitioner.
Law Points
- Section 482 Cr.P.C.
- inherent powers
- quashing of criminal proceedings
- acquittal of co-accused
- same evidence
- no purpose of trial
Case Details
2014 LawText (KAR) (12) 17
Criminal Petition No.2963/2011
Nishit Kumar Shetty for Nataraja Ballal (for petitioner), Y.D. Harsha, AGA (for respondent)
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Nature of Litigation
Criminal petition under Section 482 Cr.P.C. seeking quashing of proceedings in Sessions Case No.3/2008.
Remedy Sought
Petitioner sought quashing of entire proceedings in Sessions Case No.3/2008 (Crime No.71/2007) registered for offences under Sections 364, 302, 392 and 201 read with Section 34 IPC.
Filing Reason
The petitioner, accused No.3, had jumped bail and the case was split. Subsequently, accused No.1 was acquitted on the same evidence. The petitioner sought quashing on the ground that continuing trial would be an abuse of process.
Previous Decisions
Accused No.1 was acquitted by judgment dated 22.01.2009 in Sessions Case No.3/2008. The case against the petitioner was split on 31.12.2007 as he was absconding.
Issues
Whether the criminal proceedings against the petitioner should be quashed under Section 482 Cr.P.C. when the co-accused has been acquitted on the same evidence.
Submissions/Arguments
The petitioner argued that since accused No.1 was acquitted on the same set of evidence, continuing the trial against the petitioner would be an abuse of process of court and no useful purpose would be served.
Ratio Decidendi
When a co-accused is acquitted on the same evidence, continuing the trial against another accused who has been absconding would be an abuse of process of court, and the proceedings can be quashed under Section 482 Cr.P.C. to prevent miscarriage of justice.
Judgment Excerpts
The petitioner herein, shown as accused No.3, having jumped the bail and as he could not be secured, case was split against him on 31.12.2007.
Trial of the case as against the accused No.1 was conducted and by a Judgment dated 22.01.2009, was acquitted of the offences punishable under Ss.364, 302, 201 read with S.34 of IPC.
In the circumstances, continuation of the proceedings against the petitioner would be an abuse of process of Court and no useful purpose would be served by continuing the proceedings.
Procedural History
Charge-sheet filed in Crime No.71/2007 for offences under Sections 364, 302, 392 and 201 read with Section 34 IPC. Chief Judicial Magistrate took cognizance and committed to Sessions Court under Section 209 Cr.P.C. Petitioner (accused No.3) jumped bail; case split on 31.12.2007. Accused No.1 tried and acquitted on 22.01.2009. Petitioner filed Crl.P. No.2963/2011 under Section 482 Cr.P.C. for quashing.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): Section 482, Section 209
- Indian Penal Code, 1860 (IPC): Section 364, Section 302, Section 392, Section 201, Section 34
