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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
Arjun @ Kulla S/o Anna Dorai – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. petitioner seeks quashing of charges. (Para 1 , 2 , 3) |
| 2. past acquittal strengthens petitioner's case. (Para 4 , 5) |
| 3. trial futility due to lack of evidence. (Para 6) |
ORDER :
1. In this petition, the petitioner seeks the following reliefs:
"a. Quash the entire proceedings in matter bearing C.C.No.19710/2018 of Sampangi Ramangar Police Station pending in the file of the Hon'ble XLVII Additional Chief Metropolitan Magistrate at Bangalore City as against the petitioner herein; wherein, the petitioner herein is arraigned as accused No.6 for the alleged offences under section 341, 504, 307 read with Section 149 of Indian Penal Code.
b. Pass any such order/s as may be just and necessary in the best interest of justice."
2. Heard the learned counsel for the petitioner, learned HCGP for respondent No.1 and perused the material on record. For the order proposed, notice to respondent No.2 is dispensed with.
3. A perusal of the material on record will indicate that the petitioner along with 5 others, is arraigned as accused Nos.1 to 6 in the impugned proceedings in S.C.No.1515/2018 instituted by respondent No.1 pursuant to the complaint given by respondent No.2 for offences pun
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 co-accused necessitates the quashing of charges against similarly situated accused, reinforcing the doctrine of parity in criminal proceedings.
The acquittal of co-accused entitled the petitioner to quash proceedings against him under the doctrine of parity, as no independent evidence was presented against him.
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 on similar charges entitles the petitioner to quash proceedings against him due to the principle of parity, necessitating a lack of independent evidence.
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 a co-accused does not automatically entitle other accused to quash proceedings; each case must be evaluated on its own merits.
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