double
jeopardy or autrefois convict/acquit is recognised in section 300 of
the Code. Section 300 Cr.P.C. bars a second trial ... might be
permitted by the terms of Section 403 (present Section 300) of
Code of Criminal Procedure .
13. Before the principle of issue estoppel
offence under
section 404 and 408 of the Penal Code was clearly hit by section
300 of the Cr.P.C. Even during the earlier ... under section 420 of the IPC. Consequently,
neither section 221(1) nor section 221(2) applies. The second
limb of section 300 of the
petitioner filed the above mentioned Crl. M.P.
under Sec.239 of the Code of Criminal Procedure on the
Crl.R.P. No.1782 ... acquittal as per
Clause (b) of Sec.321 of the Cr.P.C., then Sec.300 of the
Cr.P.C. would be attracted
withdrawal of the complaint is allowed and the accused is acquitted, Section 300 Cr.P.C. will be applicable when another complaint is filed alleging ... acquittal under Section 247 of the old Code is an acquittal after trial and hence Section 403 of the old Code would be applicable
disposal of the case under Sections
258 under Section 300(5) of the Code of Criminal
Procedure. So taking cognisance is not barred ... tried' in Section 188 of Criminal Procedure Code
and 300(5) of Criminal Procedure Code can be treated
alike. What is barred is only
accused, is not an acquittal for the
purposes of Section 300 Cr.P.C., which debars trial of a
person who has been tried ... offence and convicted or acquitted of
such an offence. Section 300 Cr.P.C. has no application
in the present case and as such, though
facts in this case I may
refer S.300 of the Code of Criminal Procedure Code which
reads as follows:
(1) A person ... that the prosecution under S.420
IPC is barred under Section 300(1) of Code of Criminal
Procedure. The second complaint was filed
which is guaranteed
U/s.300 of the Code of Criminal Procedure . An analysis of
Section 300 (1) will bring out that 'a person ... Inspector
Crl.M.C.No. 277 of 2012
11
of Police, Mavoor on 20.02.2014 shows that the case is
hit under Section 300 of
second complaint viz., Annexure-A1 is barred under
section 300 of the Criminal Procedure Code. Secondly, it is
contended that Annexure-A1 complaint was filed ... pleader, the accused is acquitted under
section 256(1) Criminal Procedure Code."
9. Section 300 of the Cr.P.C is essentially founded
Constitution of India and Section 300 of the Code of Criminal
Procedure (in short, " Cr.P.C .")
2. Heard the learned counsel ... above Constitutional provision.
Crl.M.C. No.4210 of 2013 4
For our purpose, Sub-section (1) of Section 300 Cr.P.C. is sufficient
