:N THE man COURT or KARNATAKA AT BANGALORE
DATED THIS THE 23TH DAY 0:? JULY 2009
BEFORE
THE H()N'BLE MRJUSTICE SUBHASH BADVIV.
caznmmx. PETITION "
BETWEEN:
Bhaskara,
S] 0 late Jayashyam,
Age 38 years, V
Rjat No.63,1 Rajivgandhi Colony;
Th1m' maiah Road Cross,
Shivajinagar, Bangalore.
C.ormctAddress
No.23,P.K.Co1ony, 'V '
Corporation Colo1;t'y';_ I
shivajmag' ar,
...PE'I'l"I'I()NER
(By Sri.__ % '
AND:
State of V "
"By Sh,_iw?a.ji;;e§gs;;* RS." ..... .. RESPONDENT
fay; Heep)
This ca-msial Petition is filed under Saction 432 Cr.P.C.
praying’ 1;o;”quash the charge sheet in Cr.No.I64~/O3, which is
~ ~ M. pemgspg in.VS;C.No.1061/O6, before the p*rc»vm, Bangalore.
= Petition coming on for admission this day, the Court
-xnadg the foflowing:
O R. D E R
Petitioner is seeking quashing of the charge
No.16-412003 and the proceedings in s.c.No.1o61,ié006TV:pee1iii;g%”»
on the file of Fast Track Com1;–VIII, Bangalore. ” f e’ ‘
2. Petitioner is accused;N_p.1. ‘p_EF}1e
petitioner isihat, he remained Which,’
the case was spfit up the trial
was conducted as to 5 in
S.C.Ho.624/2004. jedge by judgment
dated 15th Apfi1’V2»(:§f)§”h’$§’zs Nos.2 to 5.
3. fzealaned V -the pefitioner submits that, the
entire evidexice {he pmsecution against accused
‘Nos.2 the evielence, which is against the petitioner –
then: is no reason to conduct a trial’ agam st
__ same evidence is applicahke and when the
other “accused. acquitted, pefitioner is entitled for acquittal
.4 ” ” 1 4.” seeks qtiashing ofthe proeewfings.
As far as accused Nc>s.2 tn 5 are concerned, it is no
‘T iciuuiit that, they have been acquitted in S.C.No.624/ 2004. As far
a as evidence is ceneemed. it is for the trial Judge to consider the
same, if there is. no material against accused No.1, naturally he
v-Qfi
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will be acquitted. It is not for this Court to re-appIcciate the
evkience and give a finding at this stage. Since the trial has
begun against the petitioner, let the petitioner face the trial. It is
also to be placed on I’CCOI’d that, crime is registered in’
the accused No.1, against Whom a specific a}1cga1:ic)}§m<')i'
was alleged in the charge sheet, was arrested V.
months after the acquittal judment.
waifing for the acquittal of othcrVa'c<_:uuscdL . h
Clonsidefing these Agircuxns-tat1ce§',–~..L'thc"pctitisfih stands
disposed of. The ma!" as early as
possible.
% \\ Sd/’
Judge *