MUNNALAL Vs. STATE OF M P

JUDGEMENT

(1.) BY this common order, both the revision petitions i. e. , Cr. R. No. 134/2002 and Cr. R. No. 135/2002 are being disposed of.

(2.) CR. Revision No. 134/2002 has been filed by the applicant against the order dated 16-7-2001 passed by J. M. F. C. , Indore in Criminal Case No. 5852/99 whereby rejecting the application to discharge the applicant. The second revision i. e. , Cr. R. No. 135/2002 has been filed by the applicant against the order passed by J. M. F. C. , Indore in Criminal Case No. 5852/99 by which the charge under Sections 419, 467 and 471, IPC has been framed. Against the applicant Munnalal the police of Police Station, Juni Indore Distt. Indore filed chargesheet under Sections 419, 467 and 471, IPC on the allegations that the accused belongs to Brahmin caste. By mis-representing, obtained false and forged caste certificate i. e. , Kori and used the same for obtaining service in Bank Note Press, Dewas. He filed application before the Trial Court contending that similar complaint was filed by the Police of Police Station, Bank Note Press, Dewas vide Crime No. 283/82 under Section 420, IPC and submitted Challan before the Court of law after full fleshed trial, he was acquitted by judgment and order dated 8-1-85 the same has been filed as Annexure P-3, therefore, on the same fact and for the same incident he could not be tried again. Relying upon a judgment delivered by this Court in Rafiq Khan and Anr. v. Smt. Jamila Bi and Anr. , 1999 (1) JLJ 388. According to the provision of Section 300 (1) the person once convicted or acquitted of an offence cannot be tried again for the same offence. He also cannot be tried again for any other offence on the same fact.

(3.) THE Trial Court by impugned order dated 16-7-2001 rejected his application on the ground that under Section 300 (2), Cr. PC after obtaining permission from the State Government on the same fact for the other offences, the applicant can be tried. It would appropriate to reproduce Sections 300 (1) and (2) Cr. PC. :