HARISHPOORI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) I have heard the learned counsel appearing for the petitioner and the learned Government Pleader for the respondent-state.

(2.) The petitioner is accused No.3 in C.C.No.185/2007 for the offence punishable under Sections 420 r/w 34 of IPC and filed this petition under Section 482 of Cr.P.C. seeking to quash the case filed against him on the ground that the other co-accused have been acquitted by the trial Court.

(3.) The main contention of the petitioner before this Court is that he is innocent of the offences and allegation leveled against him is no way concerned with the alleged offences. The trial held against other 3 accused persons ended in acquittal. The offence alleged against all the accused is common since the material witness have turned hostile and it has resulted in acquittal. Therefore, this petitioner also stand in the same footing and he is also entitled to an order of acquittal. The higher Courts i.e. by High Court and Hon'ble Apex Court were acquitted the accused in several cases in case of acquittal of other accused persons. In support of his contention the counsel appearing for the petitioner has also relied upon the judgment unreported of this judgment of this Court in Criminal Petition No.4485/2017 and contended that when other accused persons have been acquitted and no appeal is filed against the acquittal judgment. Hence, this Court can exercise the powers under Section 482 of Cr.P.C. and quash the proceedings.