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2024 Supreme(Online)(Kar) 45938

KARNATAKA HIGH COURT
M. Nagaprasanna, J
M. Venkata Rajesh – Appellant
Versus
State of Karnataka – Respondent


Advocates:
For the Appellants/Petitioners: Sri. Allah Bakash M.
For the Respondents: Sri. Thejesh P.

Table of Content
1. petitioner's challenge to proceedings based on prior acquittal. (Para 1 , 3 , 4)
2. arguments regarding the necessity of trial despite co-accused acquittal. (Para 2 , 5 , 6)
3. court's analysis of evidence and procedural compliance. (Para 7 , 8 , 9)

ORAL ORDER

The petitioner is before this Court calling in question the proceedings in C.C.No.50/2012 registered for offences punishable under Sections 32 and 34 of the Karnataka Excise Act , 1965 ('the Act' for short).

2. Heard Sri. Allah Bakash, learned counsel appearing for the petitioner, Sri. Thejesh P., learned HCGP appearing for the respondent and have perused the material on record.

3. The petitioner is accused No.2. Accused Nos.1 and 2 get embroiled in a crime in Crime No.12/2007. The police after investigation file a charge sheet against both the accused. The concerned Court tries accused No.1 in C.C.No.552/2008 and acquits him of the offences so alleged in terms of its order dated 16.01.2012. Since the petitioner was not available for trial, at that point in time, a split charge sheet was drawn against him in C.C.No.50/2012 and the petitioner is now sought to be tried in the aforesaid C.C.No.50/2012 for the said

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