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1 - 10 of 17 (0.45 seconds)Section 300 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 420 in The Indian Penal Code, 1860 [Entire Act]
Section 468 in The Indian Penal Code, 1860 [Entire Act]
Section 477A in The Indian Penal Code, 1860 [Entire Act]
Section 403 in The Indian Penal Code, 1860 [Entire Act]
Section 120B in The Indian Penal Code, 1860 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 13 in The Indian Penal Code, 1860 [Entire Act]
Pulin Boro And Ors. vs State Of Assam And Ors. on 5 February, 2007
The Ld. Counsel for accused Sri N. Bhattcharjee has submitted that the
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accused persons were tried by the Court in connection of the same FIR dtd. 31.10.94
and after full trial, the Ld. Spl. Judge CBI Assam dismissed entire prosecution case and
released the accused persons vide judgment and order dtd 27.9.05 for want of
prosecution sanction. The Id defense counsel has submitted further that now the
accused cannot be tried again on the same FIR which is barred u/s 300 of CrPC. The
ld defense counsel cited the decision of (19977) 1 SCC 417. I have perused the said
decision of Hon'ble Supreme Court. The ld. Spl PP for CBI raised vehement objection
and he has cited the decision of (2005)8 SCC370 (State of Karnataka-vs-C.
Nagarajaswamy). I have perused the said judgment and found that regarding initiation
of fresh trial after the accused was discharged due to invalid sanction for prosecution,
the contention that since accused faced ordeal of trial for a long time, it would not be
in the interest of justice to put them on trial once again-- held, not sustainable.