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IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV NARULA, J
SUBHASH PAHWA @ SUBHASH CHANDER – Appellant
Versus
STATE OF NCT OF DELHI AND ORS. – Respondent
| Table of Content |
|---|
| 1. petition concerns double jeopardy principles. (Para 1 , 2) |
| 2. petitioner argues against repeated prosecution. (Para 3) |
| 3. court reviews legality of conviction. (Para 5) |
| 4. ruling prohibits second conviction under double jeopardy. (Para 12 , 16) |
| 5. final ruling sets aside previous conviction. (Para 23) |
1. The present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 1 (corresponding to Section 482 of the Code of Criminal Procedure, 1973 2) arises out of a prosecution pertaining to a robbery involving an ‘Ertiga’ vehicle. The Petitioner seeks two distinct, though interrelated, reliefs. The primary relief is for quashing of CC No. 49189/2016 titled State v. Sandeep and for setting aside the conviction order dated 16th September, 2015, passed by the Metropolitan Magistrate, Patiala House Courts, New Delhi, in FIR No. 306/2012 at P.S. Vasant Kunj (North). In the alternative, invoking the protection against double jeopardy enshrined under Article 20(2) of the Constitution, the Petitioner prays that Respondents No. 2 to 4 be directed not to consider the said FIR and conviction ord
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