IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR, J
SHAFI K @ KHALANDAR SHAFI @ MLA SHAFI – Appellant
Versus
STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. quashing based on co-accused acquittal. (Para 1 , 3) |
| 2. defense arguments centered on parity. (Para 2 , 6) |
| 3. insufficient evidence necessitates petitioners' relief. (Para 4 , 7 , 10) |
| 4. court reasoning based on judicial efficiency. (Para 8 , 11) |
ORAL ORDER
In this petition, petitioners seek quashing the proceedings in C.C.No.1965/2017 on the file of Additional Civil Judge and JMFC, Bantawal for the offences punishable under Sections 398, 201 of IPC.
2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record.
3. A perusal of the material on record will indicate that the petitioners are arraigned as accused Nos.6 to 8 along five others who were arraigned as accused Nos.1 to 5 in the charge sheet pursuant to FIR in Crime No.11/2017. The offence alleged against the petitioners and other accused are under Sections 398 and 201 of IPC.
4. In this context, learned counsel for the petitioners invited my attention to the judgment dated 04.08.2020 passed in S.C.No.60/2018 as against accused No.2- Mohammed Ali @ Alimonu and accused No.4 – Ashraf @ L.T.Ashraf in order to point out that in view of the acquittal of accused Nos.
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