counsel for the accused persons that a
Kalandra u/s 107 / 151 Cr.P.C was made regarding the incident but for the same
incident ... find favour with this court as there is nothing in section 300 Cr.P.C which
prohibits the making of a Kalandra
documents and it is not in nature of any adjudication
and Section 300 Cr.P.C do not applies. I also concur with the
submissions ... Counsel for the complainant. In order to
attract Section 300 Cr.P.C there is prerequisite of trial by the
Competent Court
offence u/s 413 IPC, but, now he cannot be convicted either for this
offence u/s 413 IPC or u/s 411 IPC again ... State Vs. Mohd. Musa 27/31
26. I have gone through section 300 Cr.P.C. which deals with the
protection of the accused against
concealed the
material facts. It is further submitted that as per Section 300 of
Cr.PC, a person who has once been tried ... amount to
a trial affording protection to an accused under Section 300 Cr.P.C.
There is no force in the contention of accused
principle of res judicata
may apply; (3) in a criminal case, Section 300 CrPC makes
provision that once a person is convicted ... criminal case and
the civil proceedings are for the same cause, judgment of the
civil court would be relevant if conditions of any of Sections
Article 20 (2) of the Constitution of India and section 300 (1) of Cr.P.C.
The Ld. MM has not considered the facts ... construed as arising out of same set of facts. Therefore, section 300
Cr.P.C. is not a bar for separate prosecution for the offences
prosecution for the charge under section 420 ,
IPC. Therefore, the two offences covered by section 420 , IPC and 138,
Negotiable Instruments Act are quite distinct ... construed as arising out of same set of facts. Therefore, section 300
Cr.P.C. is not a bar for separate prosecution for the offences
filed by accused/Ram Chander and Anil Dhawan u/s
224 Cr.PC r/w section 300 , 318 , 219 , 220 Cr.PC, 71 IPC ... charge sheets is violative of provisions of
Section 71 IPC and amounts to double jeopardy u/s 300
Article 20 (2) of Constitution of India,
and Section 300 (1) of Code of Criminal Procedure.
17. Article 20 (2) of the Constitution lays
down ... Crl.Rev.No.31 / 13.
( Subir Dutt Sharma vs. State )
Dated : 25th August 2015.
18. Section 300 (1) of Code of Criminal
Procedure gives
trial for the same offence, thus provisions of Section 300
Code of Criminal Procedure do not attract in the matter.
10. It is undisputed fact ... Clauses Act, 1897, S. 300 of the Code of Criminal
Procedure, 1973 and S. 71 of the Indian Penal Code. Section 26 of
the General
