PREMPRATAPSINGH SISODIYA Vs. A C PATEL

JUDGEMENT

(1.) Heard ld. Senior Counsel Mr. M.R. Barot with Mr. B.Kumar, ld. Senior Counsel from Chennai with Mr. B.K. Dave, ld. counsel for the petitioner, ld. Addl. Standing Counsel Mr. Anant.S.Dave for Union of India complainant department and ld. APP Mr. Pancholi for the State.

(2.) This petition is filed under Section 482 of CrPC R/w Section 300 of CrPC whereby the petitioners-accused have prayed to quash and set aside the proceedings and trial of Special Criminal Case No. 70/95 pending in the Court of ld. Sessions Judge, Valsad at Navsari.

(3.) The petitioners have raised important question about the scope of exercise of inherent powers of this Court under Section 482 of CrPC and the application of Section 300 of CrPC, which inter alia, bars second trial of the accused already prosecuted for the same or similar offences bases on the same or similar evidence and resulted into acquittal of the accused which is in force and whether on the same and similar facts or evidence, accused could be permitted to be tried again. If such trial is permitted, whether such permission would violate the Scheme of Section 300 of CrPC ? It is further stated by the petitioners that effect of directions of the Apex Court specifically given protecting the interest of the accused, whether needs to be and how and in which manner should be implemented. The question of double jeopardy has also been raised by the petitioners.During the course of submissions, ld. Senior Counsel Mr. Barot has also raised the question whether the proceedings pending in the Sessions District of Valsad at Navsari, if allowed, would result into abuse of process of law and would result into miscarriage of justice. For short, it is argued that looking to the facts and circumstances of the case available on record, the aforesaid criminal proceedings require to be quashed and set aside.