section 300 crpc

bhanu pratap720 (Querist) 15 August 2010 This query is : Resolved
this is in reference to my earlier query regarding case law on section 300 cr.pc.the facts are that the two FIR were filed against the same accused . one by a private individual and second by the police itself. on the basis of private individual's FIR chargesheet was filed , cognizance was taken and the trial commenced. accused was acquitted. now on the basis of FIR filed by the police trial has commeced against the same accused and same charges. kindly provide latest case laws on section 300 criminal procedure code and on the princple of autrefois acquit and autrefois convict read with section 26 of general clauses act .

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Koumarish Bhattacharya (Expert) 15 August 2010
The case falls under the principle of double jeopardy.

s.subramanian (Expert) 15 August 2010
yes. i agree with koumarish.

Surender Dhull (Expert) 15 August 2010
I also agree with Mr. Koumarish and Subramanian

A. A. JOSE (Expert) 16 August 2010
I too, am of the view that for the same offence two FIRs are not tenable. However, let other experts enlighten.

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