pending before the Chief Judicial
Magistrate, Patan, on the plea of double jeopardy for the reason that
the appellant has already been tried and dealt ... same offence. In the facts of the
case, doctrine of double jeopardy is attracted. The High Court
dismissed the said application.
Hence, this appeal
those other
offences is not maintainable as it tantamounts to double
jeopardy. It is, therefore, argued that on the same set of facts a
complaint ... same set of facts would not attract the
doctrine of double jeopardy.
12 It is further argued that mis-representation for
dishonest and fraudulent intention
those other
offences is not maintainable as it tantamounts to double
jeopardy. It is, therefore, argued that on the same set of facts a
complaint ... same set of facts would not attract the
doctrine of double jeopardy.
12 It is further argued that mis-representation for
dishonest and fraudulent intention
action to be
highhanded one and also bad on account of double jeopardy,
being in violation of Article 20 of the Constitution of India ... ground that the same
would be bad on account of double jeopardy. It is pleaded
that for the same allegation and the offence, the petitioner
order dated 28.2.2008, held as follows:
But the concept of double jeopardy, to some extent, is allergic to service
law. In as many cases ... punishment and the denial of promotion did not
amount to double jeopardy and (ii) that the conviction by a criminal Court and
the disciplinary proceedings
Constitution was the principle of
autrefois convict, or "double jeopardy", the root of which was to
be found in the well established rule ... contrary to
the general principle of trial and the principle of double Jeopardy
laid down in S.A.Venkatarman v. Union of India
college. He also pressed into service the concept of "double jeopardy" in such matter. He further referred to the additional affidavit stating that ... Though the learned senior counsel contended that it would amount to double jeopardy, the said concept is only applicable to criminal
Constitution, was of the view that application of the
principle of double jeopardy does not arise when the
proceedings are initiated on the same ... Apex Court was
of the view that the principles of double jeopardy do not
arise in such case. In Union of India and Others
ingredients of
the two offences are distinct. The --
rule against double jeopardy is stated.
in the maxim nemo debet bis vexari pro
una et eadem ... offence, he. cannot be tried again on the
7 pinciple:.of. double jeopardy.
"He. "Tt is not in dispute that in Special
Punjab and another , 2006 (1) RCR (Criminal) 119.
Principle of double jeopardy has also been invoked by the counsel for the
petitioner to contend that ... Criminal) 420. He, on
his basis, contends that the principle of double jeopardy would not be
attracted. He further contends that where the facts
