applies. Consequently, the prosecution
under Section 420 IPC was barred by Section 300(1)
CrPC.”
11. In that case, on similar ... same facts, therefore, the prosecution under Section 420
of the IPC is barred by Section 300(1) of Cr.P.C and accordingly
liable
view that the prosecution under Section 420 of IPC did not attract any bar contained in Section 300 of Cr.P.C. because the earlier ... under Sections 406, 420 r/w 114 of IPC . Seeking to quash the said case on applying the bar contained in Section 300 of
present case under Section 306 IPC cannot be sustained. The learned Counsel placed strong reliance on the language of Section 300 ... acquittal had been recorded in relation to the offence under Section 376 IPC. Section 300 Cr.P.C. reads as hereunder:
"Person once convicted
punishable under Section 92 of the said Act,
are based on the same set of facts, in View of Section
300 Cr.PC the subsequent ... referenee to Section 403(1) of the
Corie ofCrlnnnelyflfocedure, 1898, which corresponds
Ztoétxhe Section 300 of Cr.PC, 1973.
S' the case of Janapati
Article 20(2) of the Constitution of
India and contrary to Section 300 of Cr.P.C. He further submits that ... that Article 20 of the Constitution of India and Section 300
of Criminal Procedure Code do not apply to the facts of the present case
SCOPE OF ARTICLES 20(2) OF THE CONSTITUTION OF INDIA AND SECTION 300
Cr.P.C.
It is not as if the petitioners are without ... India, but also to the protection of Section 26 of
the General Clauses Act and Section 300 Cr.P.C. including the defence of issue
have been convicted under sub-section (2)
thereof."
Thus, it can be seen that Section 300(1) of Cr.P.C. is
wider than ... CRL) 319/2017 Page 3 of 23
applies. Consequently, the prosecution under Section 420, IPC
was barred by Section 300(1) of
principle which is sought to be incorporated into Section 300 of the Criminal Procedure Code is that no man should be vexed with more than ... Constitution of India, if compared to Section 300 of the Criminal Procedure Code combines both autrefois convict and autrefois acquit. Protective wings of Section 300
300 of
Criminal Procedure Code, it is necessary to take note of the
exceptions provided under the sub-section to Section 300
and also ... superior Court.
The said Section 300 of the Code corresponds to
Section 403 of the Code of Criminal Procedure, 1903.
11. Thus, in our view
Criminal Procedure Code . The exceptions including the one contained in Section 212(2) Criminal Procedure Code . are only enabling in character and do not appear ... Section 218 Criminal Procedure Code . but by way of an exception the provision contained in Sub-section (2) of Section 212 Criminal Procedure Code
