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Judgment
V. Jagannathan
The petitioner who was accused No.3 in a case registered in F.I.R.No.70/2008 seeks quashing of the proceedings pending against him in C.C.No.24775/2011 on the file of the 11th Add1. CMM, Bangalore, on the ground that the other accused who were put on trial were acquitted by the learned Sessions Judge in S.C. No. 54/2010 and therefore, no purpose would be served in asking these petitioners to face the trial. Acquittal of the other accused is not disputed by the learned HCGP and I have also perused the order passed in S.C.No.54/2010. The trial court had acquitted accused Nos. 1, 2 and 6 and recorded a finding that the prosecution has failed to prove the offence u/s 395 of IPC and in the course of the judgment, trial court has also observed that material witnesses CWs 2, 3 and 4 were not examined by the prosecution despite service of summons to them. In view of the reasons given by the court below while acquitting the other accused persons, the case of this petitioner also requires to be considered in the light of the said judgment and consequently, this petition is allowed in the interest of justice and proceedings against the petitioner in C.C.No.24775/11 on the file of the 1 Ph Add1. CMM, Bangalore, stands quashed,