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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Gulabbhai Dhaklubhai Bhoya – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
J. C. DOSHI, J.
1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioner has prayed to quash and set aside the order passed by the learned JMFC, Dharampur in Criminal Case No.323/2014 vide Exh.:11 dated 23.08.2016 and also to quash and set aside the order passed by the learned Second Ad-hoc Additional and Sessions Judge, Dharampur in Criminal Application No.92/2016 Revision dated 31.01.2017 and quash and set aside entire proceedings of Criminal Case No.323/2014 pending in the Court of learned JMFC, Dharampur.
2. Brief facts of the case are as under:-
2.1 The petitioner came to be arrested with respect to one complaint registered with Dharampur Police Station vide Complaint No.2/2013 for the offence under Section 124 of the GUJARAT POLICE ACT . The brief fact of that complaint was that during regular police patrolling, Police Officer received confidential information that the petitioner was doing business of illegal selling of petrol, diesel and kerosene without requisite permission. On the basis of the said confidential information, two panch-witnesses were called and the premises of the
The court ruled that distinct offences can arise from the same facts, and double jeopardy does not prohibit subsequent prosecutions unless the offences are identical in all respects.
The principle of double jeopardy does not apply when the offences for which the accused is being tried are different and distinct, even if they arise from the same set of facts.
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.
The main legal point established in the judgment is the distinction between charges triable by different courts and the application of the doctrine of double jeopardy in determining whether the petit....
It is clear that the law is well settled that in order to attract provisions of Article 20 (2) of the Constitution of India or Section 300 of CrPC or Section 26 of the General Clauses Act, the ingred....
The doctrine of Double Jeopardy does not bar subsequent prosecution under distinct charges if the accused has not been convicted or acquitted in previous proceedings for the same offence.
(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 central legal point established in the judgment is the application of the principles of nemo debet bis vexari and autrefois acquit under Section 300 of the CrPC, emphasizing that no person shall ....
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