IMPORTANT POINT
The acquittal of co-accused does not bar the prosecution of other accused who have not faced trial, and each case must be decided on its own evidence.

JUDGMENT :

SANJAY KUMAR SINGH, J.

1. Heard Mr. Nitin Sharma, learned counsel for the applicant and Mr. Deepak Mishra, learned Additional Government Advocate assisted by Ms. Priyanka Singh, learned Brief Holder for the State.

2. This application under Section 482 Cr.P.C. has been preferred by the applicant with a prayer to quash the proceeding of Criminal Case No. 3548 of 2009 (State Vs. Rafique Ansari) arising out of Case Crime No. 293 of 1995, under Sections 147, 436, 427 I.P.C. Police Station Nauchandi, District Meerut, pending in the court of Additional Chief Judicial Magistrate, MP/MLA, Meerut.

3. Brief facts of the case which are required to the be stated are that in this case F.I.R. was lodged on 12.09.1995 against 35-40 unknown persons for the offence under Sections 147, 436, 427 I.P.C. registered at Case Crime No. 293 of 1995, Police Station Nauchandi, District Meerut in which after culmination of investigation first charge-sheet No. 191 dated 24.10.1995 was submitted against 22 accused persons and thereafter another supplementary charge-sheet No. 191-AA dated 22.06.1996 was submitted against the present applicant Rafique Ansari on which the concerned court below took cognizance on 20.08.1997, but on non-appearance of the applicant, non-bailable warrant was issued on 18.12.1997 and thereafter despite repeated non-bailable warrant and process under Section 82 Cr.P.C., the applicant did not appear before the trial court.

4. Main substratum of argument of learned counsel for the applicant is that 22 accused persons who have been made accused in the charge-sheet dated 24.10.1995 have been acquitted after facing trial vide judgment and order dated 15.05.1997, therefore, the entire proceeding of aforesaid Criminal Case No. 3548 of 2009 against the present applicant, who is Member of Legislative Assembly, is also liable to be quashed.

5. Per contra, learned Additional Government Advocate for the State vehemently opposed the prayer of the applicant by contending that the relief as sought for by the applicant by means of this application is liable to be rejected.

6. After having heard the argument of learned counsel of the parties, this Court is of the view that every case turns on its own facts and evidence as may be adduced and acquittal of co-accused in a trial emanating from same case crime does not necessarily entail acquittal of the other co-accused, who are yet to be put on trial. In a trial of co-accused, the prosecution is not called upon nor it is expected to adduce evidence against absconding co-accused or such co accused who did not face trial.

7. Before delving into this issue, it would also be useful to set out sections 40, 41, 42 and 43 of The Indian Evidence Act, 1872, which are under the heading “Judgments of Courts of justice when relevant” which reads as under:

Section 40: Previous judgments relevant to bar a second suit or trial - The existence of any judgment, order or decree which by law prevents any Courts from taking cognizance of a suit or holding a trial is a relevant fact when the question is whether such Court ought to take cognizance of such suit, or to hold such trial.

Section 41: Relevancy of certain judgments in probate, etc. jurisdiction - A final judgment, order or decree of a competent Court, in the exercise of probate, matrimonial admiralty or insolvency jurisdiction which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant.

Such judgment, order or decree is conclusive proof - that any legal character, which it confers accrued at the time when such judgment, order or decree came into operation.

That any legal character, to which it declares any such person to be entitled, accrued to that person at the time when suc