IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
L. S. PIRZADA
Patel Ratilal Ambalal – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
L. S. Pirzada, J.
1. The present revision application has been filed by the applicant–original accused no. 2 under Section 397 read with Section 401 of the Code of Criminal Procedure (in short “Cr.P.C.”) challenging the order dated 29.03.2007 passed by the learned Principal Judicial Magistrate, First Class, Kadi in Inquiry Case No. 14 of 2006, whereby the learned Magistrate has taken cognizance of the offences and ordered issuance of non-bailable warrants against the accused persons for the offences punishable under Sections 302, 147, 148, 149, and 120-B of the Indian Penal Code, and Section 135 of the Bombay Police Act. The learned Magistrate has further directed the Registry to register the case by assigning a new criminal case number and ordered that Criminal Case No. 482 of 2005 be amalgamated with the present complaint and that both matters be tried together.
2. The factual background leading to the filing of the present revision application is that respondent No. 2 – the original complainant lodged an FIR being C.R. No. I-99 of 2004 at Kadi Police Station for the offences punishable under Sections 302, 147, 148, 149, and 120-B of the Indian Penal Code and Section 135
A second complaint for the same incident is not maintainable unless it discloses a distinct offence or presents new material, reaffirming the principle against double jeopardy.
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