IPC could have been charged
together with Section 411 / 34 IPC in the first trial. Therefore, by virtue of
Section 300(2) CrPC ... IPC and 482/34 IPC , the later prosecution and punishment being barred by
Article 20(2) of the Constitution and Section 300 CrPC
liable to be quashed.
8. He further submitted that as per section 300 Cr.P.C. a person who has once been tried ... facts of the present case, therefore, in view of section 300 Cr.P.C. applicant neither can be tried nor can be convicted
liable to be quashed.
8. He further submitted that as per section 300 Cr.P.C. a person who has once been tried ... facts of the present case, therefore, in view of section 300 Cr.P.C. applicants neither can be tried nor can be convicted
rejected the petitioner's application dated 13.01.2015 filed under
Section 300 Cr.P.C. read with Article 20(2) of the Constitution of India ... also autrefois convict. The aforesaid provision
of law under the Criminal Procedure Code , lays a legal premise, to put a
complete embargo on a trial
IPC ") and for which the proceeding should be
dropped as the provision of under Section 300 of the Code of
Criminal Procedure ... prosecution
under Section 420 , Indian Penal Code was barred by Section
300(1) of Code of Criminal Procedure.
(7). The Appeal is allowed
IPC and Section 3 / 4 D.P. Act, Police Station- Jani, District- Meerut, whereby an application filed by the applicants under Section 300 ... IPC and section D.P. Act is barred by the provisions of section 300(1) CrPC.
8. Article 20(2) of Constitution
this rule is to be found contained in Section 300 Code of
Criminal Procedure; Section ... General Clauses Act;
and Section 71 I.P.C.
Section 300(1) Code of Criminal Procedure. Reads:
A person who has once been tried
conditions are to be fulfilled to attract the
violation of procedure under Section 300 of Cr.P.C., and Article 20 of
the Constitution ... hand and hence, there is no violation of the procedure under Section
300 of Cr.P.C., and Article 20(2) of the Constitution
discharged, the procedure for enquiry envisaged
under Section 398 CrPC cannot be circumvented by
prescribing to procedure under Section 319 CrPC ... Section 300(5) CrPC and Section 398
CrPC cannot be an inquiry under Section 319 CrPC.
Accordingly, a person
Constitution of India r/w Section 300 of the Code of Criminal
Page 2 of 18
Uploaded by SHEKHAR P. BARVE(HC00200 ... supra), has vividly discussed and explain import of section 300
of the Code of Criminal Procedure, 1973 in para 22 to 29, which
reads
