Section 300 in The Code of Criminal Procedure, 1973
300. Person once convicted or acquitted not to be tried for same offence.
(1) A person
Code. He might have been charged under Section 436 Penal Code at the trial under the provisions of Sub-section (1) of Section 235 ... Cr.PC (Old) is pari materia with Section 300 of Criminal Procedure Code, 1973. On the strength of the above cited, authorities
Sections 148 , 149 , 448 , 364 & 506 of the Indian Penal
Code ( IPC ) in FIR No. 61/2002 dated 26.09.2002 of Keshpur Police
Station ... offence under
Section 302 IPC, without invoking Section 346 IPC, only to circumvent
the bar under Section 300(1) Cr.P.C. It is submitted
seeking
quashment of the FIR as well as the subsequent criminal
proceedings of Criminal Case No.24961/2012 pending before the
learned ... enactments then the proceedings of the criminal trial and the IPC
cannot be quashed by virtue of section 300 of the
Court inasmuch as an offence under Section 467 , IPC. under the old Code of Criminal Procedure , was triable exclusively by Court of Session. Pointing ... made in Matukdhari (supra), what becomes transparent is that the Code of Criminal Procedure has not deliberately enumerated the circumstances in which a re-trial
Constitution of India and Section 300
of Code of Criminal Procedure, 1973 (for short ‘the Cr.PC ’), the High Court
has quashed ... offence of criminal breach of trust.
(15.) Learned counsel for the appellant also relied on S. 234 ,
Code of Criminal Procedure and urged that three
Constitution of India and Section 300
of Code of Criminal Procedure, 1973 (for short ‘the Cr.PC ’), the High Court
has quashed ... offence of criminal breach of trust.
(15.) Learned counsel for the appellant also relied on S. 234 ,
Code of Criminal Procedure and urged that three
IPC, there cannot be fresh
prosecution for offence under section 307 IPC, the Supreme Court
held that, section 403 (4) Cr.P.C empowered prosecution ... terms of Section 403 (present Section 300) of
Code of Criminal Procedure .
13. Before the principle of issue estoppel can be applied, the
question
Constitution of India and
Section 300 of Code of Criminal Procedure, 1973 (for short ‘the Cr.PC ’), the
High Court has quashed ... offence of criminal breach of trust.
(15.) Learned counsel for the appellant also relied on S. 234 ,
Code of Criminal Procedure and urged that three
Suraksha Sanhita, 2023 1
(corresponding to Section 482 of the Code of Criminal Procedure, 1973 2)
arises out of a prosecution pertaining to a robbery ... Section 392 IPC (and not under 395 IPC ),
the evidence warranted conviction under Sections 411 / 34 IPC rather than
Sections 412 / 34 IPC, by virtue