LALLAN PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) THIS application has been filed for quashing the criminal proceeding (S.T. No. 448 of 1983 State v. Lallan Prasad) pending in the Court of 1st Additional Sessions Judge, Moradabad on the ground that the applicant was tried for the same offence and acquitted.

(2.) THE learned counsel contended that on the principle of autre fois acquit or autre fois convict the accused cannot be tried for the same offence and, therefore, the sessions trial is liable to be quashed.

(3.) THE applicant was challaned by Vigilance Department for the offence punishable under S. 161 of the Indian Penal Code and 5/2 of Prevention of Corruption Act for having accepted a sum of Rs. 100/ as illegal gratification on 2 6 76 at about 4 16 p.m. He was tried by Special Judge / Ist Additional Sessions Judge, Moradabad in S.T. No. 11 of 1979. The prosecution examined eight witnesses and closed its evidence.