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2025 Supreme(Kar) 1143

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SACHIN SHANKAR MAGADUM
Vishal Kumar S/O Jagadish Suvarna – Appellant
Versus
State Of Karnataka By Kavoor Police Station – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. DHANANJAY KUMAR
For the Respondent: SRI. RAHUL RAI

ORAL ORDER :

The petitioner who is arraigned as accused No.3 is seeking quashing of the proceedings pending in SC No.14/2024 for the offences punishable under Sections 399 and 402 of IPC.

2. The learned counsel for the petitioner drawing the attention of this Court to the judgment rendered by the learned Sessions Judge in S.C.No.77/2021 has pointed out that the other co-accused, who were tried for identical allegations and on the very same set of evidence, have been acquitted by the judgment and order of acquittal dated 30.10.2024. It is submitted that the substratum of the prosecution case having failed in earlier trial, there remains no independent material to continue proceedings against the present petitioner. Placing reliance on the said judgment of acquittal and further relying upon the view taken by the coordinate Bench in cases of similar nature, learned counsel for the petitioner has tried to persuade this Court to demonstrate that continuation of proceedings against the petitioner would amount to abuse of process of law.

3. This Court deems it fit to extract the relevant paragraphs of the judgment rendered by the learned Sessions Judge in S.C.No.77/2021. The same is extracte

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