lodged u/s 392 IPC and not u/s 395 IPC,
therefore, to sustain the charge under Section 412 / 34 IPC the stolen
property must ... convicted u/s 412 / 34 IPC but they can be convicted u/s 411 IPC as
mandated by Section 222 Cr.P.C. The accused
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
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
State vs Khimji Bhai Jadeja on 8 July, 2019
Equivalent citations: AIRONLINE 2019 DEL 1089
rule against double jeopardy is manifested in
Section 26 of the General Clauses Act, 1897, Section 300 of
Cr.P.C. and Section ... reflected in analogous provisions of Section 26 of
General Clauses Act, 1897; Section 71 IPC; Section 300 CrPC
1973, and constitutionally guaranteed under
overlapping
areas between of Section 429 IPC on the one hand and Section
9(1) read with Section ... reflected in analogous provisions of Section 26 of
General Clauses Act, 1897; Section 71 IPC; Section 300 CrPC
1973, and constitutionally guaranteed under
tried again for the same offence. In this regard
Provisions of Section 300 Cr.P.C and Article 20 of Constitution are
relevant. The same ... tried again
Crl. Rev.P. 438/2010, Crl.Rev.P. 439/2010, W.P.(Crl.)205/2010 Page 25 of 97
& Crl
under Section
319 of the Code of Criminal Procedure, 1973 (' CrPC ') in FIR
No. 273/1989 for offences under Sections
120B ... procedure under Section 398 of the
CrPC could not have been circumvented by resorting to the
procedure under Section 319 of the CrPC
under Section
319 of the Code of Criminal Procedure, 1973 (' CrPC ') in FIR
No. 273/1989 for offences under Sections
120B ... procedure under Section 398 of the
CrPC could not have been circumvented by resorting to the
procedure under Section 319 of the CrPC
application dated
22.02.2014 for discharge on the grounds enumerated in section 300 Cr.P.C.
before the learned Trial Court. However, the said application ... High Court of Punjab & Haryana. Thus,
on the touchstone of section 300 Cr.P.C. the petitioners herein ought to have
been granted
