Suresh Kumar Singala vs State Of U.P. on 13 May, 2016
This passage was quoted with approval by this Court in Pritam Singh Vs. The State of Punjab A.I.R. 1956 S.C. 415,420. In our opinion the order of Chunder, J., was based on an erroneous view of the vires of Section 4(1) of the Act. The first trial of the appellant was before a court of competent jurisdiction and the verdict of acquittal was not a nullity; its efficacy was not impaired by any binding order of the High Court; and at this stage when the matter is properly before this court and the proceedings are a continuation of the proceedings before Mr. J. C. Lodh, it is not precluded from rectifying any error or defect in the order of the High Court and giving effect to the plea set up under Section 403. The trial before Mr. S. C. Dutt Gupta being a lawful one which resulted in acquittal and which has never been set aside, another trial would place the appellant in jeopardy a second time which would contravene Section 403 of the Criminal Procedure Code."