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1927 Supreme(Lah) 28
Lahore High Court
Addison, J.
Sobha Mal & Anr. - Appellants
Versus
Emperor - Respondent
Decided On : 09-12-1927
JUDGMENT
Addison, J. - A complaint against the petitioner for erecting a small portion of their new building on public land was preferred by the Small Towns Committee of Kahror. It was under Section 447, I.P.C., It was dismissed and the petitioners were acquitted under the provisions of Section 247, Criminal P.C. On the same facts the Committee decided to institute a fresh complaint but to change the section to 291 I.P.C. The petitioners have been sentenced after trial on the new complaint to Sections 10 fine each under Section 38, Small Towns Act, the maximum penalty under that section being Rs. 20. It is clear that a conviction could have been had under Section 38, Small Towns Act, on the first complaint. That being so the petitioners could not be tried again, as laid down in Section 403, Criminal P.C., I accept the petition, set aside the convictions of the petitioners, and direct that the fines, if paid, be refunded.
