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SREENIVAS HARISH KUMAR, J. M. KHAZI
SABEEL AHMED @ MOTU DOCTOR S/O MAQBOOL AHMED – Appellant
Versus
NATIONAL INVESTIGATING AGENCY, BENGALURU – Respondent
ORDER :
1. This writ petition is directed against the order dated 19.08.2023 passed by the Additional City Civil and Sessions Judge (Special Court for trial of NIA cases), Bengaluru, in Special Case No. 378/2021. Accused No. 21 filed an application under Section 300 of Cr.P.C. seeking his discharge from the case. Since the Special Court dismissed his application by the order challenged in this petition, he has filed this writ petition.
2. The facts may be briefly stated as below:
Acquittal in one jurisdiction does not bar prosecution in another for distinct offences under Section 300 of Cr.P.C.
A person acquitted cannot be tried again for similar facts under different charges, as per Section 300 of the Cr.P.C., affirming double jeopardy protection.
Discharge of accused – Stage of discharge under Section 227 Cr.P.C. is a stage prior to framing of charge (under Section 228 Cr.P.C.) and it is at that stage alone that court can consider application....
Acquittal in a previous trial with a direction for re-investigation is not an acquittal in force, and the protection under Section 300 Cr.P.C. does not apply.
Once a person has been tried and acquitted for an offence, they cannot be tried again for the same offence or on the same facts, as per the provisions of Section 300 of the Code of Criminal Procedure....
(1) Double Jeopardy – Section 300 of Cr.P.C. bars trial of a person not only for same offence but also for any other offence on same facts – Where there are two distinct offences made up of different....
The retrial of an acquitted person for the same offences violates statutory provisions and constitutional protections against double jeopardy, affirming Article 20(2).
The court's decision emphasized that charges can be framed in a criminal case even on the basis of serious suspicion against the accused, and the court must consider the evidences collected by the pr....
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