The principle of double jeopardy prevents an individual from being tried again for the same offense after acquittal, as established under Section 300 Cr.P.C.

ORDER:

The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the Petitioner/Accused seeking quashment of the proceedings against him in FIR No.62 of 2020 on the file of Rambilli Police Station, Visakhapatnam District registered for the offences punishable under Sections 408, 419, 469, 471 of IPC and Section 66-C of Information Technology Act, 2000-2008.

2. Heard Sri P.Nagendra Reddy, learned counsel for the petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State.

3. Learned counsel for the petitioner would submit that the petitioner is the sole accused. Earlier, Crime No.412 of 2020 was registered on the complaint made by Sri V.Ramakrishna Iyer, Vice President, Vasant Chemicals Private Limited on 24.02.2020 in Cyber Crimes Police Station, Hyderabad. The Police filed charge sheet, consequently, the Court took cognizance for the offence punishable under Section 66-D of Information Technology Act, 2000 and Section 406 of IPC against the very same accused, who is the petitioner in the present case. Learned counsel would further submit that the case ended in acquittal, vide Judgment dated 11.09.2024 on the file of XII Additional Chief Judicial Magistrate Court, Hyderabad. Learned counsel would further submit that the present case i.e., Crime No. 62 of 2020 is lodged against the petitioner on the complaint made by Mr. Raghavaiah Gatta, who is the Manager-HR for Vasant Chemicals Private Limited. The present Crime is registered on 02.03.2020 for the offences punishable under Sections 408, 419, 469 & 471 of IPC and Section 66-C of Information Technology Act, 2000- 2008. Learned counsel for the petitioner would further submit that continuing criminal proceedings against the petitioner amounts to double jeopardy, since the petitioner faced the very same allegations wherein the Court has taken cognizance, conducted Trial and on merits, the case ended in acquittal. The only difference in the present case is, it was lodged basing on the report of Manager-HR and C.C.No.8790 of 2020 was lodged on the report of Vice President of Vasant Chemicals Private Limited.

4. Learned Assistant Public Prosecutor, on verification of the record, fairly conceded that the complaint made against the petitioner in Crime No.412 of 2020 which is numbered as C.C.No.8790 of 2020 which ended in acquittal before the Competent Court is the very same case in the present Crime No. 62 of 2020. Learned Assistant Public Prosecutor would submit that Court may pass appropriate orders in this matter.

5. The rule against double jeopardy is solidified by virtue of Section 300 Cr.P.C. and is a manifestation of the auterfois acquit and autrefois convict. (formally acquitted or formally convicted). The essence of this doctrine is to see that a person must not be put in peril twice for the same offence. For the plea of auterfois acquit succeed, it has to be shown that the verdict of acquittal of the previous charge necessarily involves an acquittal of the latter. As rightly put by the learned counsel for the petitioner, it was fairly conceded by the prosecution, the petitioner has already faced Trial in C.C.No.8790 of 2020 and was acquitted after full trial vide Judgment dated 11.09.2024 on the file of XII Additional Chief Judicial Magistrate Court, Hyderabad.

6. For the better understanding, the contents of the report which was submitted to the Police by the respondent No.2 herein is extracted hereunder:

“ Sub: Complaint of Criminal Breach of Trust & Violation of Confidentiality Agreement at Vasant Chemicals Private Limited-

Reg.

Vasant Chemicals is a 40 year old, specialty chemicals manufacturing company with 80% export business and two manufacturing locations, one at Jeedimetla, Hyderabad, Telangana a