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
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
Accused cannot be prosecuted where co-accused are acquitted on identical charges without independent evidence, as it violates principles of justice and due process.
The acquittal of co-accused necessitates the quashing of charges against similarly situated accused, reinforcing the doctrine of parity in criminal proceedings.
The acquittal of co-accused on similar charges allows for quashing proceedings against the petitioner due to the lack of independent evidence, promoting judicial efficiency.
The acquittal of co-accused leads to the quashing of proceedings against a petitioner when the charges are identical and no independent evidence supports further prosecution.
The acquittal of co-accused on similar charges entitles the petitioner to quash proceedings against him due to the principle of parity, necessitating a lack of independent evidence.
The doctrine of parity applies, allowing for the quashing of proceedings against an accused when co-accused have been acquitted on similar charges.
The acquittal of a co-accused does not automatically entitle other accused to quash proceedings; each case must be evaluated on its own merits.
The appellate court must respect the presumption of innocence and only overturn an acquittal if the trial court's decision is perverse or unreasonable.
Acquittal of accused upheld as prosecution failed to prove charges beyond reasonable doubt, emphasizing the presumption of innocence and the need for compelling evidence to overturn acquittals.
A case may be quashed if the fundamental basis for the prosecution is destroyed by lack of evidence or witness support.
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