MOHIT BHARATIYA @ MOHIT KUMBOJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Merchant, learned Advocate for Applicant and Ms. Phad, learned APP for Respondent - State of Maharashtra.

(2.) The issue which is deliberated before me in the present case hinges on interpretation and application of Article 20 (2) of the Constitution of India read with the provisions of Sec. 300 (1) and (2) of Criminal Procedure Code, 1973 (for short 'Cr.P.C.') as applicable to the facts in the present case. A case of double jeopardy is pleaded before me by the Revision Applicant. 'Revision Applicant' shall be referred to as 'Applicant' for convenience.

(3.) Briefly stated, crime is registered by First Information Report (for short "FIR No.2") bearing No.2 of 2009 filed at 14:00 hours on 15/12/2009 against Applicant for offences committed under Sec. 52 read with Sec. 43 of the Maharashtra Regional and Town Planning Act, 1966 (for short 'MRTP Act') by one Mr. Shrikant Patil (Junior Engineer of Bombay Municipal Corporation). Applicant stands acquitted after a full fledged trial vide judgement dtd. 20/1/2016. In the interregnum, he has been arrested twice, granted bail twice and there has also been a remand of this case by this Court on challenges maintained to interlocutory orders passed by the Trial Court.