KUTTAPPU Vs. INTELLIGENCE OFFICER NORTH ZONE KOZHIKODE

JUDGEMENT

(1.) This Revision Petition has been filed by the accused in C.C. 123 of 1961 under S.435, 439 and 561-A, Crl. P.C., against the preliminary order passed by the District Magistrate of Kozhikode negativing the objection raised by him that the prosecution is barred under S.403 Crl. P.C. as he had already been tried and acquitted for the very same offence in the earlier case C.C. 146/59 on the file of the District Magistrate of Kozhikode.

(2.) The case against the accused is that on 25th February 1959 certain Sales Tax Officers visited the shop of the first accused and while they were inspecting the account books, the petitioners snatched the books and the 4th accused ran away with the books. On a complaint being made to the Police all the accused were charge sheeted for an offence of assaulting a public servant in the discharge of his duties, offence punishable under S.353 I.P.C. At the trial they were acquitted by the District Magistrate as the offence under S.353, I.P.C., had not been made out.

(3.) On appeal to this Court the order of acquittal was confirmed and Raman Nayar, J., in disposing of the appeal observed that it was still open to P. W. 1 to make a complaint under S.186, IPC. The Sales tax Authorities therefore filed a complaint against the petitioners for an offence under S.186 IPC., viz., voluntarily obstructing a public servant in the discharge of his duties. The question for decision in this petition is whether S.403 Crl. P. C., is a bar to the trial of the case.