Criminal Trial. Split-up charge sheet. Once co-accused is acquitted, on facts, the same benefit shall be accrued to others. This is the real object behind Article 21 of the Constitution of India. Karnataka High Court.

Syed Asif Ali and another vs The State of Karnataka and another. Criminal Petition 2614/2017 decided on 5 November 2020.

Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/347386/1/CRLP2614-17-05-11-2020.pdf

Relevant Paragraphs: 9. Section 482 of Cr.P.C. include powers to quash  FIR, investigation or any criminal proceedings pending before the High Court or any court subordinate to it and  are of wide magnitude and ramification. Such powers can  be exercised to secure ends of justice, prevent abuse of the process of  any court and to make such orders as may  be necessary to give effect to any order under this Code, depending upon the facts of a given  case.  The  Court  should take note of any miscarriage of justice and prevent the same by exercising its powers under  Section  482  of  the Code. However, such inherent powers are to be exercised judicially, judiciously, sparingly and cautiously.

10. Even though the case against these accused have been proceeded with facing of trial for the aforesaid offences, it is nothing but formalities and closing of the case. Therefore, circumstances warrant this court to intervene by exercising the inherent power under Section 482 of Cr.P.C., if not, there shall be miscarriage of justice and also abuse of process of law. However, consciously the materials have been looked into and rescanning has been done. When once the co- accused have been acquitted, the same benefit shall be accrued to these petitioners also. Then only constitutional protection under Article 21 of Constitution of India shall be enshrined, if not, certainly there shall be miscarriage of justice.

Compiled by S.Basavaraj, Advocate, Daksha Legal.