PRAKASH NARAYAN TRIPATHI Vs. SESSIONS JUDGE KARVI

JUDGEMENT

(1.) The array of the parties indicate that the petitioner was really aggrieved by an order of a Magistrate and subsequently by an order of the Sessions Judge who had dismissed his revision application challenging the order of the Magistrate.

(2.) The facts behind the present petition were indicated in our order dated 30.4.1998 and we may state them in short again. The petitioner was an accused in a criminal case in which the co-accused persons stood the trial and were acquitted after evidence and the order of acquittal became final as it was not challenged in appeal. On that very F.I.R., the petitioner is now prosecuted upon a subsequent charge-sheet and the Court of first instance has issued non-bailable warrant of arrest against him.

(3.) It is submitted on behalf of the petitioner that when the prosecution relies on the same evidence as it had adduced before the Court below during the trial of the co-accused persons and which were disbelieved by the trial court, the same evidence could not be led against the petitioner being barred under the principle of issue-estoppel. It was further submitted that even if that the evidence be led it would end up in disbelieving the story again and the whole exercise of trial of the petitioner would be futile.