Dear All,
A complaint was lodged under different sections of IPC and the case is still at the investigation stage even after two years of FIR. On the same facts another case is filed under Income Tax Act as a PCR to the court. As per article 20(2) of the constitution and sec 300(1) of CRPC an accused cannot even be tried for the same offence or a different offence on the same facts twice. Kindly advice me on what step is to be followed next. As this is a case of Double jeopardy. Can an application be placed before the jurisdictional court to stay the second complaint and quash the same. The Income Tax Act being a special Law, the procedure to be followed is as per the Special Act. What is the position of sec.5 of CRPC being a saving clause in this regard. Kindly advice.
Regards,
Vishwanath
