MAHANT AMAR DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) VIDE this petition seeks quashing of FIR No. 95 dated 22.10.1997, under Sections 465, 468, 471, 420 IPC, Police Nawashahar and the proceedings emanating therefrom pending in the Court of Judicial Magistrate Ist Class, Nawashahar.

(2.) THE question raised in the present petition is - Whether a person who has been acquitted for an offence by a Court of competent jurisdiction can be tried again for the same set of offences ?

(3.) AS per petitioner, he never met the accused persons before the date of execution of the Will. He had simply attested the Will as a witness. The petitioner along with co-accused was tried in the Court of Judicial Magistrate Ist Class, Nawashahar. He was acquitted by the Judicial Magistrate Ist Class vide order dated 10.12.1994. Against the order of learned Magistrate, the complainant filed an appeal in the Court of Sessions Judge, Jalandhar. During the pendency of the appeal, complainant-Harminder Singh submitted an application to the Senior Superintendent of Police, Jalandhar, alleging the same allegations as contained in the complaint filed earlier by him in the Court of Judicial Magistrate Ist Class, Nawashahar. On the application submitted by Harminder Singh, the Senior Superintendent of Police ordered investigation and FIR in question i.e. FIR No. 95 dated 22.10.1997, under Sections 465, 468, 471, 420 IPC, Police Nawashahar was registered against the petitioner and other accused persons. It is pleaded that the allegations as contained in the above FIR have already been adjudicated upon by the Court of Judicial Magistrate Ist Class, Nawashahar, therefore, the petitioner cannot be tried again for the same offences.