Court allowed the
criminal petition filed by the respondents no.1 to 4 under Section
482 of Code of Criminal Procedure, 1973 (for short “ ... appellants under Sections 406 / 420
IPC in Criminal Case No. 674 of 1997 (now Criminal
Case No. 6054 of 1998) and pending in the Court
Kesava Murthy
... Respondent
Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records ... that the prosecution under Section 420 of IPC did not attract any bar contained in Section 300 of Cr.P.C. because the earlier case
CRL) 319/2017 Page 3 of 23
applies. Consequently, the prosecution under Section 420, IPC
was barred by Section 300(1) of ... which he might have been convicted under the Code of
Criminal Procedure ."(emphasis supplied).
14. At this stage, I may observe that the submission
instant petition has been filed under Section 482 of the Code of
Criminal Procedure, 1973 (hereinafter referred to as ' CrPC ') seeking
IPC by virtue of the
provision contained in Section 320(8) of the CrPC, as such, he
cannot be prosecuted in an offence ... Sections 419 & 420 of
the IPC are compoundable under Section 320(2) of the CrPC with
4
the leave of the Court
rules emerge
from the terms of Section 403 of the Code of
Criminal Procedure:
(1) An order of conviction or acquittal
in respect ... which he might have been convicted
under the Code of Criminal Procedure ."
(emphasis added)
23. This Court has time and again explained
the principle
Vidhyadhar Nagar, Jaipur kept the investigation pending under Section 173(8) of Cr.P.C. on 10 points, as enumerated in the charge-sheet. Investigation ... case and investigation has been kept pending under Section 173(8) of Cr.P.C. against the Hari Agarwal, Haider Ali, Aju Miyan, Ashok Agarwal
thereupon acquit the
accused in view of Section 257 of the Criminal
Procedure Code. He, therefore, contends that even
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::: Downloaded ... been acquitted in view of the
provisions contained in Section 257 Criminal Procedure
Code, 1973 since this section mandates that while the
Magistrate permits
complaint proceedings and
the proceedings on a criminal side are similar hence,
the criminal case couldn't be proceeded with.
6. This contention ... facts, therefore, the prosecution
under Section 420 of the IPC is barred by Section
300(1) of Cr.P.C and accordingly liable
process of court
which is barred u/s.300 Code of Criminal Procedure.
2. The allegation of 2nd respondent in Annexure IV
was that petitioner ... this case I may
refer S.300 of the Code of Criminal Procedure Code which
reads as follows:
(1) A person who has once been
