Whether Magistrate can pass order of acquittal of accused in session triable cases?
petitioners against Annexure-B order relying on the principle that no
person can be punished or prosecuted for the same offence more than
once. However, a bare perusal of section 300, Cr.P.C would reveal
that it incorporates principle of autrefois acquit viz., no one shall be
punished or put on twice for the same matter. The plea based on this
principle or the doctrine of double jeopardy is recognized by section
300 Cr.P.C only where an issue of a fact has been tried by a competent
court on a former occasion and a finding has been returned in favour
of the accused as in such eventuality, the finding would constitute an
estoppel or res judicata against the parties to that proceedings. In this
case, the learned Sessions Judge interfered with the judgment in the
calender case passed by the learned Magistrate by which the learned
Magistrate, ignoring the fact that offence under section 333, IPC is
triable exclusively by a Court of Session, tried the revision petitioners
and acquitted them. In such circumstances, the provisions under
section 300, Cr.P.C would not be available to challenge the order
passed by the learned Sessions Judge.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
MONDAY, THE 12TH DAY OF JANUARY 2015.
Crl.Rev.Pet.No. 18 of 2015 ()
BADARUDEEN, S/O UMANKANNU RAWTHER,
Vs
STATE OF KERALA,
https://www.lawweb.in/2016/04/whether-magistrate-can-pass-order-of.html
