Suresh V. vs State

V. Jagannathan, J.—Heard learned Counsel for the Petitioner and learned Government Pleader for the Respondent-State in respect of the prayer sought viz., quash the proceedings in Cr. No. 150/10 of Hoskote P.S. (CC. No. 3560/10).

Submission of the Petitioner''s counsel is that, the case against the Petitioner was split up and the other accused persons i.e. A-1 to A-4 were put on trial for the offence punishable under Sections 302 and 201 r/w 34 of IPC and the said case ended in acquittal in S.C. No. 276/10 on 4.12.10. Therefore, submission made is that, no purpose would be served in directing the Petitioner to undergo whole exercise once again.

Above submission is not controverted by the learned Government Pleader for the State and on a perusal of the judgment of the trial court in S.C. No. 276/10, it is noticed that all the material witnesses have turned hostile. Therefore, the trial court acquitted the accused persons A-1 to A-4. This Petitioner being accused No. 5, I see no different result coming out of the case against this Petitioner when others have been acquitted on the very same evidence. Moreover, this Court in the case reported in 2001(4) Crimes 417 has held that the evidence to be produced will not be different from the one that led to acquittal earlier and the proceedings are liable to be quashed.

For the above reasons, Cri.P. No. 003/10 is allowed. The proceedings in Cr. No. 150/10 of Hoskote P.S. are quashed.

Criminal Petition No. 5485/10 is dismissed as withdrawn in the light of the disposal of the other case i.e. Cri.P. No. 6003/10.