offence under
Section 302 IPC, without invoking Section 346 IPC, only to circumvent
the bar under Section 300(1) Cr.P.C. It is submitted ... petition under Section
482 Cr.P.C., the appellant accused filed an application for discharge
under Section 227 r/w Section 300(1)
section 188 of this Code.”
18. Section 300 refers to sections 220 and 221 Cr.PC. No doubt it appears
that a person ... Constitution i.e. doctrine of autrefois acquit or
Section 300 Code of Criminal Procedure. or
Section 71 Indian Penal Code or Section 26 of General
section 188 of this Code.”
18. Section 300 refers to sections 220 and 221 Cr.PC. No doubt it appears
that a person ... Constitution i.e. doctrine of autrefois acquit or
Section 300 Code of Criminal Procedure. or
Section 71 Indian Penal Code or Section 26 of General
300 Cr.P.C; Section 26 of the General Clauses Act;
and Section 71 I.P.C.
Section 300(1) Cr.P.C. reads ... second time in view of Section 403 of the Code of
Criminal Procedure, 1898 (corresponding to Section 300 Cr.P.C.). This
Court held:
“After
cases dealt in with under sub-sections (2) to (5) of the
section.
23. Section 300 of the CrPC is based ... such convicted or acquitted,
Section 300(1) shall not be applicable.
19
25. Section 300 of the CrPC bars the trial
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
under Section 300, is not absolute and is
subject to the conditions specified in Sub-sections (2) to (5) of Section
300 CrPC ... enacted in Section 26 of the General
Clauses Act, 1897 and Section 300 of the Criminal Procedure Code,
1973. This was the inspiration and background
view of the
safeguard provided under Section 403 of Code of Criminal
Procedure, 1898, which corresponds to Section 300 of the
Code of Criminal Procedure ... order to get benefit of
Section 300 of the Code of Criminal Procedure, 1973, it is
necessary for an accused person to establish that
reflected in analogous provisions of
Section 26 of General Clauses Act, 1897; Section 71 IPC;
Section 300 CrPC 1973, and constitutionally guaranteed ... Section 300 of the Code of Criminal Procedure, 1973
and Section 71 of the Indian Penal Code. Section 26 of the
General Clauses Act provides
simultaneously so that the
procedure does not infringe the provisions of
Article 20(2) of the Constitution read with
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
