The High Court of Karnataka quashed criminal proceedings under Section 482 CrPC against the petitioner. Relying on precedents, the court held that a futile exercise existed as co-accused had been acquitted, rendering continued trial useless.
Criminal proceedings pending in C.C.No.862/2005 stands quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JANUARY 2017
BEFORE
THE HON’BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION No.568 OF 2017
BETWEEN:
Mukkateera Sampath @ M.G.Kushalappa, Son of Ramu @ M.K.Ganapathy, Aged about 53 years, Permanent resident of Nalavathoklu Village, Virajpet Taluk, Kodagu District Pin Code – 571 201. …PETITIONER
(By Shri Mahadeva R.K., Advocate)
AND:
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Bengaluru – 560 001.
…RESPONDENTS
(By Shri B. Visweswaraiah, Government Pleader for Respondent No.1/State)
This Criminal Petition filed under Section 482 code of Criminal Procedure, 1973, praying to quash the entire proceedings in C.C.No.862/2005 (is arising out of Crime No.256/1997) of Virajpet Town Police Station, Kodagu District, for the alleged offence punishable under Sections 143, 144, 145, 146, 147, 148, 427 read with 149 of IPC pending on the file of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Virajpet.
This Criminal Petition coming on for Admission this day, the court made the following:
O R D E R
Heard the learned counsel for the petitioner.
notice.
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It is contended that since the accusations and evidence against the accused who have been acquitted in the above case are identical insofar as the present petitioner is concerned, no
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useful purpose would be served in the proceedings being taken to their logical conclusion, for it is predictable that the petitioner would be acquitted in the absence of any cogent evidence for the prosecution in support of the charges and in this regard, he would submit that the law is well-settled in a catena of decisions by the Supreme Court as well as this court in several decisions.
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State of Delhi 2000 (1) Crimes 73 (Delhi), which was applied and followed in Mohammed Iliyas (supra) of this court, it is the consistent view that in such circumstances, no useful purpose would be served in bringing the other accused against whom the case was split up to trial, if the other co-accused have been acquitted at a full-fledged trial. Therefore, the case against the present petitioner would be a futile exercise to be taken forward, as it would result in waste of valuable judicial time and effort and ultimately the result is predictable.
Therefore, the petition is summarily allowed. The proceedings pending in C.C.No.862/2005 on the file of the Principal Civil Judge (Jr.Dn.) & JMFC, Virajpet, stands quashed.
Sd/- JUDGE
KS
2 issues framed by the court
Whether criminal proceedings against the petitioner can be quashed when co-accused in a split-up case have already been acquitted due to lack of evidence.
Whether serving a useful judicial purpose exists in continuing proceedings against the petitioner given the predictable outcome based on prior acquittals.
Colour shows how this judgement treated each authority
Central Bureau of Investigation vs. Akhilesh SinghRelied on¶33
Central Bureau of Investigation vs. Akhilesh Singh AIR 2005 SC 268 · Who else cites this
State of Karnataka vs. K.C. NarasegowdaRelied on¶33
State of Karnataka vs. K.C. Narasegowda ILR 2005 KAR 1822 · Who else cites this
Mohammed Ilias vs. State of KarnatakaRelied on¶33
Mohammed Ilias vs. State of Karnataka 2001 (3) KLJ 551
Sunil Kumar vs. State of DelhiDistinguished¶33
Sunil Kumar vs. State of Delhi 2000 (1) Crimes 73 (Delhi)
1 provisions across 1 enactments
Mukkateera Sampath
The State of Karnataka
Smt. T.S.Janaki
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
