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
view that the prosecution under Section 420 of IPC did not attract any bar contained in Section 300 of Cr.P.C. because the earlier ... under Sections 406, 420 r/w 114 of IPC . Seeking to quash the said case on applying the bar contained in Section 300 of
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
300 CrPC; Section 26 of
the General Clauses Act and Section 71 IPC.
10. Section 300(1) CrPC reads:
"300 ... under sub-section (1) of Section 221, or
for which he might have been convicted under
sub-section (2) thereof."
11. Section
criminal
complaint under Section 200 of Cr.P.C. for offence under
Sections 406 and 420 of IPC and in view of Section 300 ... 300 CrPC; Section 26 of the General
Clauses Act and Section 71 IPC.
10. Section 300(1) CrPC reads:
"300
Naresh Kumar Arora And Another vs Ut, Chandigarh And Anr on 31 August, 2022
IN
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
300 CrPC; Section 26 of
the General Clauses Act and Section 71 IPC.
10. Section 300(1) CrPC reads ... second time in view of Section 403 of
the Code of Criminal Procedure, 1898
(corresponding to Section 300 CrPC).
27. This Court held
Jaipur City, Jaipur for the same offences.
22. Sub-section (1) of Section 300 of Cr.P.C. is inconformity with the provisions of Article ... down the rule whereas Sub-section (2) to (5) are the exceptions thereto. Sub- section 2 of Section 300 of Cr.P.C. reads thus
acquitted in view of the
provisions contained in Section 257 Criminal Procedure
Code, 1973 since this section mandates that while the
Magistrate permits the complainant ... cause of action in view of the
provisions contained in Section 300 Criminal Procedure
Code, 1973 as well as the provisions contained in clause
