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2015 Supreme(MP) 943

SHEEL NAGU
Nadimuddin – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Petitioner:Raghvendra Singh Tomar, Advocate
For the Respondent:R.B.S. Tomar, Govt. Advocate

JUDGMENT :

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 re


































































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