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1998 Supreme(MP) 889
1999 (1) JLJ 388
S.B. Sakrikar, J.
Rafiq Khan and another v. Smt. Jamila Bee and another
Misc. Cr. Case No. 2926 of 1998; against the order of II Additional Sessions
Judge, Shajapur, passed in Cr. Revision No.6 of 1998; confirming the order of
Judicial Magistrate 1st Class, Shajapur, passed in Criminal Case No. 2246 of
1996; Decided on 12.11.1998.
Z.A. Khan for applicants;
A. Siddiqi for Non-applicant No.1; V. Sharan for State.
Headnote:(1) Criminal P.C., 1973 -- S. 210(2) -- police case and private complaint of one and same incident -- should be tried together and not separately. [Para 5
(2) Criminal P.C., 1973 -- Ss. 300(1) and 221(1) & (2) -- person once convicted or acquitted of an offence n cannot be tried again for the same offence -- cannot also be tried again for any other offence on the same facts. 1991 (1) CrLJ 2329 relied on. [Paras 7 & 8
(3) Penal Code, 1860 -- Ss. 498A, 506, 323 and 342 -- accused tried for offences under Ss. 498A and 506 and acquitted -- Cannot again be tried for offences under Ss. 323 and 342 based on same facts. [Para 8
¼1½ naM izfØ;k lafgrk] 1973 && /kkjk 210¼2½ && ,d&gh ?kVuk dk iqfyl ekeyk vkSj izkbosV ifjokn && ,d&lkFk fopkj.k fd;k tkuk pkfg,] i`Fkd~&i`Fkd~ ughaA ¿ iSjk 5À
¼2½ naM izfØ;k lafgrk] 1973 && /kkjk 300¼1½ rFkk 221¼1½ ,oa ¼2½ && fdlh vijk/k ds fy, ,d ckj fl)nks"k Bgjk;k x;k vFkok nks"keqDr O;fDr && mlh vijk/k ds fy, iqu% fopkj.k ugha fd;k tk ldrk && mUgh rF;ksa ij fdlh vU; vijk/k ds fy, iqu% fopkj.k ugha fd;k tk ldrkA 1991¼1½ lh vkj ,y ts 2329 voyafcrA ¿ iSjk 7 ,oa 8À
¼3½ naM lafgrk] 1860 && /kkjk 498d] 506] 323 rFkk 342 && vfHk;qDr dk /kkjk 498d rFkk 506 ds v/khu vijk/kksa ds fy, fopkj.k gqvk rFkk nks"keqDr fd;k x;k && mUgha rF;ksa ds vk/kkj ij /kkjk 323 rFkk 342 d v/khu vijk/kksa ds fy, iqu% fopkj.k ugha fd;k tk ldrkA ¿ iSjk 8À
1. Accused/Applicants have directed this petition u/S. 482 CrPC 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. 498A, 506, 342 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/Ss. 498A, 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 charge sheet against the applicants in the Court of JMFC, Shajapur and a criminal Case No. 459/91 was registered against the applicants in the said Court. The charges under Section 498A 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. Shajapur u/Ss. 147, 148.342.506, 498N149 IPC. The learned Magistrate. on recording statements u/S. 200 CrPC registered a criminal Case against the applicants u/S. 498A. 506. 323 and 342 IPC vide order dated 22.6.90 passed in Criminal Case No. 158/90 (New No. 224/96) and directed issuance of summons against the applicant. On appearance the applicants have t1led application u/S. 210 read with Sec. 300 CrPC 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 applicant 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 ASJ Shajapur passed in Criminal Revision No. 6/98. Aggrieved the applicants have filed this petition u/S. 482 CrPC for quashing of the proceedings of the Criminal Case No. 158/1990 (new No. 2246/96) registered against the applicants on the private complaint tiled on behalf of the non-applicant u/S. 200 CrPC.
4. Having heard the learned counsel for the parties and considering the facts of the case on hand, the only question arise 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/Ss. 342 and 323 IPC on a private complaint filed by the non-applicant u/S. 200 CrPC ?
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 CrPC under the provisions of Sec. 210(2) CrPC. 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/Ss. 506 and 498A IPC and the said order of acquittal became 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 CrPC 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 offence –
(1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquittal remains in force not be liable to be tried again for the same offence nor on the same f
