About the sec- 300(1) of c.r.p.c
Adv M.D.Azhar
(Querist) 05 August 2014
This query is : Resolved
Respected sir,there was a criminal complain against the accused u/s. 406, 420, 419, 170, 120-b, 504, 506(2) and 114 of I.P.C. that case been over and accused was convicted u/s. 170 Of I.P.C. against the same accused there is Complain u/s. 138 of negotiable instrument act. it is the say of the accused that, the contents of the case which was registered earlier and the contents of the present complain are same so that accused may be discharged under sec. 301(1) of C.R.P.C. weather such kind of application is tenable before the j.m.f.c. court?
Advocate Ramesh
(Expert) 07 August 2014
Sir,
yes you can file application before the j.m.f.c court itself.
ABDUL RAZIQUE
(Expert) 08 August 2014
As per my knowledge Section 301(1) in The Code Of Criminal Procedure, 1973
(1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal. while U written there " that accused may be discharged under this section"
Respected brother "Article 20(2) states that no one can be prosecuted and punished for the same offence more than once whereas Section 300(1) of CrPC says that no one can be tried and convicted for the same offence or even for a different offence but on the same facts. Thus Section 300(1) bars the prosecution under Section 420, IPC.
T. Kalaiselvan, Advocate
(Expert) 09 August 2014
What is your query?, expert Mr. Abdul Razique has addressed your query properly please visit the law books properly before raising a relevant query.
Biswanath Roy
(Expert) 10 August 2014
Your query is not appropriate to opine legally.
