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1974 Supreme(Kar) 81

CHANDRASHEKARAIAH, NORONHA
M. K. BALAPPACHAR – Appellant
Versus
STATE OF MYSORE – Respondent


Advocates:
B.B.MANDAPPA, B.G.SRIDHARAN

( 1 ) THIS petition under Art 226 of the Constn. had come up, in the first instance, before a single Judge, Venkataramiah, J. , who has referred it to a Division Bench His Lordship felt that though the question arising for decision in this petition, is covered by a ruling of a Division Bench (consisting of Narayana Pai, CJ. , and Range Gowda, J.) in WP. 2115 of 1967, that question has not been considered therein from a particular angle. The material facts in this petition, are not in controversy. The petitioner was a Revenue Inspector. He was prosecuted for an offence, under s. 417 rea,d with S. 109 IPC. In view of the, pendency of the prosecution against him, he was kept under suspension on 22-10-1952. He was convicted and sentenced by the Sessions Judge, Mysore. In appeal, Crl. A. 227 of 1957, this Court set aside the conviction and sentence, on the ground that the trial was wholly vitiated on account of misjoinder of parties and charges and multiplicity of charges. This Court did not permit his being tried again as such re-trial was considered to amount to his harassment at that distance of time. After his acquittal he was reinstated in service. He requested the authorities that













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