Section 470(1) in The Code of Criminal Procedure, 1973
(1)In computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court or first instance or in a Court of appeal or revision, against the offender, shall be excluded :Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it.
