that offence under
section 92 of the Factories Act is different from offence under the
IPC and, therefore, provisions of section 300 ... operate under different field from provisions of
Penal Code.
17. Provisions of section 300 Cr.P.C are applicable when the
presiding officer
Bombay v. L.R. Metwani 4.)
13. The sub-section of Section 300 of the CrPC consists of two limbs.
The first limb ... under Sections 467 read with Section 34, 468 read with
Section 34 and 471 read with Section 34 of the IPC and Section
petitioners against the order dated
15.12.2015, whereby an application under Section 300 Cr.P.C., which was
2
dismissed by the trial Court, said order ... criminal
trespass was committed.
9. Subsequently, on the basis of the complaint made, the Court took the
cognizance, wherein the application under Section 300
State vs Khimji Bhai Jadeja on 8 July, 2019
Equivalent citations: AIRONLINE 2019 DEL 1089
manifestation of the Rule is to be found contained in
Section 300 Cr.P.C., Section ... General Clauses Act, Section 71 of IPC.
And Article 20(2) of the Constitution, which reads as follows:-
(I) Section 300 (1) Cr.PC., reads
made it clear
that Article 20(2) of the Constitution, Section 300 Cr.P.C.,
Section 71 IPC or Section 26 of General Clauses ... under Section 5 could not be
covered under Section 6(3) of the said Act. Doctrine of
double jeopardy is enshrined in Section 300
question of Article 20(2) of the
Constitution, as well as Section 300 Cr.P.C.,
relating to double jeopardy was considered. A
similar situation ... provisions of
Article 20(2) of the Constitution or Section 300
Cr.P.C.”
7.The Honourable Supreme Court of India has held that under
Code of Criminal
Procedure, 1898 also recognized this principle. Code of Criminal Procedure
1973 makes a similar provision under Section 300 Cr.P.C., taking ... provided under Article 20 of the
Constitution of India. However, Section 300 Cr.P.C., bars the trial for the
same offence not only
acquitted for the said offence then, as per the provisions of section
300 Cr.P.C, he was protected by the rule of autrefois acquit ... section 221, or for which he might
have been convicted under sub-section (2) thereof. A plain reading of
section 300(1)
been tried under
the Prevention of Corruption Act .
7
8. Section 300 Cr.P.C., is also not applicable to the
facts of this case ... Section 300 Cr.P.C. prohibits trial of a person
for the same offence. As per the said provision, a person who
has once been
