1. It is a classic case in which, the proposed accused are sought to be prosecuted, two times for the same offence otherwise called, double jeopardised which is prohibited by the Constitution of India under Article 20(2).

2. The case of the de-facto complainant is that while drawing drinking water from a public tap, the petitioners assaulted and caused injury to the de-facto complainant, resulting in giving a complaint to the police against the petitioners which was registered in Crime No.9 of 2009 under Sections 342, 324, 323 and 506(ii) IPC r/w Section 34 IPC. The date of occurrence is 23.01.2009. After the investigation, the police filed a charge sheet against the petitioners 1 to 4 and thereafter, at the instance of the respondent, a petition was filed under Section 319 Cr.P.C, by which, the petitioners 5 and 6 were added as A5 and A6. The said case is pending in C.C.No.135 of 2009.

3. When things stand so, subsequently, a private complaint was filed by the respondent against the petitioners which was taken on file by the learned Magistrate in C.C.No.105 of 2010 for the alleged offences said to have been committed by the petitioners on the same day namely on 23.01.2009