JUDGMENT :

G.B. Pattnaik, J. - This is an application by the accused persons in a complaint case bearing ICC Case No. 70 of 1981 invoking the inherent jurisdiction of this Court u/s 482 of the Code of Criminal Procedure (hereinafter referred to as the "Code") for quashing the cognisance taken against them. The only ground on which the inherent jurisdiction is being invoked is that the principle of autre fois acquit on trained in Section 300 of the Code would apply with full force in view of the earlier order of acquittal in G. R. Case No. 1346 of 1981 wherein on the self-same allegations the petitioners were tried u/s 160, Indian Penal Code, and were acquitted by the learned Magistrate,

2. An application was filed on behalf of the petitioners before the learned Magistrate in the complaint case alleging that the provisions of Section 300 of the Code would apply in the facts and circumstances of the present case, but the learned Magistrate was of the opinion that the offences for which the accused persons have been charged in the complaint case, namely, Sections 323 and 324, Indian Penal Code, are distinct offencss than that of Section 160, Indian Penal Code, for which they were charge