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1998 Supreme(MP) 888
High Court Of Madhya Pradesh
S. B. SAKRIKAR
RAFIQ KHAN - Appellant
Versus
JAMILA BEE - Respondents
M. CRI. C. 2926 Of 1998
Decided On : 11/12/1998
A.SIDDIQUIE, Z.AHMAD KHAN
A person who has been acquitted of an offence cannot be tried again for the same offence or for any other offence arising from the same facts.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 300 - ACQUITTAL - SAME OFFENCE - SAME FACTS - BAR TO SUBSEQUENT PROSECUTION - APPLICABILITY:
Fact of the Case:
The accused/applicants filed a petition under Section 482 of the Code of Criminal Procedure (CrPC) for quashing of the proceedings of a criminal case registered against them on a private complaint filed by the non-applicant. The accused had been previously acquitted of the same offences in a case registered on a police report.
Finding of the Court:
The court held that the accused could not be prosecuted again for the same offences on the same facts, as they had already been acquitted in a previous case. The court relied on Section 300(1) of the CrPC, which bars a person who has been convicted or acquitted of an offence from being tried again for the same offence or for any other offence arising from the same facts.
Issues: Whether the accused could be prosecuted again for the same offences on the same facts, after having been acquitted in a previous case.
Ratio Decidendi: The court held that the principle of 'autre fois acquit' applies in this case, which means that a person cannot be tried again for the same offence or for any other offence arising from the same facts, as long as the order of acquittal remains in force. The court also relied on the second limb of Section 300(1) of the CrPC, which bars a person from being tried again for an offence for which a different charge could have been made in the previous trial.
Final Decision: The court allowed the petition and quashed the proceedings of the criminal case against the accused.
( 1 ) ACCUSED/applicants have directed this petition u/s. 482, Cr. P. C. for quashing of the proceedings of the Misc. Criminal Case No. 158/1990 registered against the applicants on the complaint of non-applicant No. 1 for the offences punishable u/ss. 498-A, 506, 343 and 323, IPC.
( 2 ) BRIEFLY stated the facts of the case are that respondent No. 1 Smt. Jamila Bee lodged a report against the applicants on 20-3-1989 at P. S. Shajapur with regard to the offences u/s. 498-A, 506 and 323/34, IPC. The said report was sent to police station Sundarsi, district Shajapur as the alleged offences were found to have been committed in the jurisdiction of said Police Station, P. S. Sundarsi, on investigation, filed chargesheet against the applicants in the Court of JMFC, Shahjapur and a criminal Case No. 459/91 was registered against the applicants in the said Court. The charges under Section 498-A and 506, IPC were framed against the applicants and they were acquitted of the charges on completion of the trial vide order dated 3-1-1995 of the Court concerned.
( 3 ) IT is alleged that on the same report and on the same allegations respondent No. 1 also filed a private complaint against the applicants in the Court of JMFC, Shahjapur under Ss. 147, 148, 342, 506, 498-A/149, IPC. The learned Magistrate, on recording statements under S. 200, Cr. P. C. registered a criminal Case against the applicants u/s. 498a, 506, 323 and 342, IPC vide order dated22-6-90 passed in Criminal Case No. 158/90 (New No. 224/96) and directed issuance of summons against the applicants. On appearance, the applicants have filed application under S. 210 read with Sec. 300, Cr. P. C. and prayed that the applicants cannot be prosecuted again on the same report and the allegations upon which they have been tried and acquitted in a case registered against them on the police report. The learned Magistrate partly allowed the application and held that the prosecution against the applicants can continue for the offence u/ss. 342 and 323, IPC of which the applicants were not charged or acquitted in a case registered on the police report. A Revision petition filed against the said order of the Magistrate on behalf of the applicants was dismissed by the impugned order of the IInd A. S. J. Shahjapur passed in Criminal Revision No. 6/98. Aggrieved the applicants have filed this petition under S. 482, Cr. P. C. for quashing of the proceedings of the Criminal Case No. 158/1990 (new No. 2246/96) registered against the applicants on the private complaint filed on behalf of the non-applicant under S. 200, Cr. P. C.
( 4 ) HAVING heard the learned counsel for the parties and considering the facts of the case on hand, the only question arises for decision in this case is that whether in the facts and circumstances of the present case the applicants can be prosecuted for the offences u/s. 342 and 323, IPC on a private complaint filed by the non-applicant u/s. 200, Cr. P. C. ?
( 5 ) IN view of the facts of the case, the proper procedure would have been to try both the cases together i. e. the case arising on the police report and the complaint case filed by the non-applicant u/s. 200 of the Cr. P. C. under the provisions of Sec. 210 (2), Cr. P. C. But in the instant case, the two cases against the applicants have been registered and tried separately and in the case instituted on police report, the applicants have been acquitted of the offences u/s. 506 and 498-A, IPC and the said order of acquittal become final and operative. In such state of affairs on the same set of facts and the report the applicants cannot be charged or prosecuted constituting some other offences in view of the provisions of sub-section 1 of Sec. 300, Cr. P. C. which is extracted below for the convenience and better appreciation of the case on hand :- 300. "person once convicted or acquitted not to be tried for same offences :- (1) A person who has once been tried by a Court of competent jurisdiction for
