The protection against double jeopardy is in regard to the same offence and does not extend to protection against prosecution and punishment for a different offence arising from the same incident.

Sheel Nagu, J.

The inherent powers of this Court are invoked u/S 482 Cr.P.C. for quashing of the interlocutory order dated 19.12.2013 passed in Criminal Case No. 2730/2012 by learned J.M.F.C., Morena.

2. Learned counsel for the rival parties are heard on the question of admission.

3. Legal question involved herein is whether the protection under Article 20(2) of Constitution of India and Section 300 Cr.P.C. against 'double jeopardy' is relatable to the one particular offence or to all the offences which arise out of the same act/incident.

4. Facts of the case are that the prosecution launched against the petitioner as regards offences punishable u/S 337 and 279 of IPC culminated into passing of an order dated 15.12.2012 by the Judicial Magistrate, I Class, Morena in case no. 2730/2012, whereby after recording of statement of admission of guilt, the petitioner was convicted for the said offences by imposing fine of Rs.1,800/- with default stipulation. Admittedly the fine is deposited.

5. In this background, it is submitted that once the incident giving rise to prosecution u/S 279 and Section 337 of IPC culminated into conviction, the impugned order dated 19.12.2013 directing reopening of the same Criminal Case No. 2730/12 now alleging a graver offence punishable u/S 304-A of IPC cannot stand the test of law, especially on the anvil of the doctrine of double jeopardy enshrined in Article 20(2) of Constitution of India.

6. Similarly, Section 300 of the Cr.P.C., which is a manifestation of the above said fundamental right under Article 20(2) of the Constitution provides similar protection. For convenience and ready reference, Article 20(2) & Section 300 of Cr.P.C. are reproduced below:

Article 20 - Protection in respect of conviction for offences –

(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

(2) No person shall be prosecuted and punished for the same offence more than once.

(3) No person accused of any offence shall be compelled to be a witness against himself.

Section 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 acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of section 221, or for which he might have been convicted under sub-section (2) thereof.

(2) A person acquitted or convicted of any offence may be afterwards tried, with the consent of the State Government, for any distinct offence for which a separate charge might have been made against him at the former trial under subsection (1) of section 220.

(3) A person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a different offence from that of which he was convicted, may be afterwards tried for such last-mentioned offence, if the consequences had not happened, or were not known to the Court to have happened, at the time when he was convicted.

(4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charged with, and tried for, any other offence constituted by the same acts which he may have committed if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged.

(5) A person discharged under section 258 shall not be tried again for the same offence except with the consent of the Court by which he was discharged or of any other Court to which the first-mentioned Court