R S YADAV Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a successive petition, under Section 482 of the Code of Criminal Procedure, for quashing the criminal proceedings pending as Special Case No. 3/2006 before the Special Judge (under the Prevention of Corruption Act, 1988 for CBI Cases) at Jabalpur on the ground of lack of jurisdiction as well as that of double jeopardy.

(2.) THE previous one was dismissed vide order dated 14-12-2010 passed in M.Cr.C. No. 9352/10, as withdrawn with liberty to raise the pleas before the Trial Court. Accordingly, by way of application dated 15-12-2010, the petitioner questioned maintainability of his prosecution, contending that- (i) It is barred by the principle of double jeopardy. (ii) THE Special Court had proceeded with the trial without being moved by the Competent Authority and without following the prescribed procedure as contemplated in Section 126 of the Army Act, 1950. However, learned Trial Judge, for the reasons recorded in the order dated 17-1-2011, proceeded to reject the objections.

(3.) ACCORDING to learned Counsel, non-mentioning of the fourth charge in the show-cause notice clearly suggested that the petitioner was not found guilty thereof and, therefore, his subsequent prosecution for the same charge is illegal as it hits the principle underlying Article 20 (2) of the Constitution.