KARNATAKA HIGH COURT
S.R.KRISHNA KUMAR, J
UDAY KUMAR G. – Appellant
Versus
STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. quashing proceedings based on prior co-accused acquittal. (Para 1 , 3) |
| 2. arguments for quashing citing lack of evidence and parity. (Para 2 , 4 , 5) |
| 3. observations on evidence insufficiencies and judicial economy. (Para 6) |
ORAL ORDER
2. Heard learned counsel for the petitioner and learned HCGP for the respondent and perused the material on record.
4. In this context, learned counsel for the petitioner invited my attention to the judgment dated 09.07.2014 passed in S.C.No.76/2014, in order to point out that in view of the acquittal of accused Nos.1, 2, 5 and 7 and 3 by the Sessions Judge, the present petitioner who is accused No.2 in S.C.No.76/2014, prior to same being split up in C.C.No.8015/2013, would be entitled to seek parity as held by this Court in the case of Mohan Vs. State of Karnataka and Another - Crl.P.No.5376/2024 dated 19.09.2024 in which it was held that acquittal of co-accused by the Sessions Court would enure to the benefit of the petitioner as under:
402 of the IPC .
3. Facts in brief, germane, are as follows:
5. Learned HCGP would however refute the submissions to contend that the petitioner has escaped trial and should not be shown any indulgence a
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