LALLAN KISHOR AROHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) The present writ petition has been filed for quashing of the first information report of Khizarsarai P.S. Case No. 93 of 2016 registered under Ss. 467, 468, 471, 420 and 409 of the Indian Penal Code lodged by respondent no. 2, the District Education Officer, Gaya.

(3.) Counsel for the petitioner submits that with the same cause of action and with same allegation another case, namely, Khizarsarai P.S. Case No. 95 of 2003 was filed before the Court of the Chief Judicial Magistrate, Gaya, against the petitioner, but, in the said proceeding final form has been submitted as mistake of fact which was accepted by the Chief Judicial Magistrate, Gaya, vide order, dtd. 6/11/2004. The counsel for the petitioner submits that it is the gross violation of Article 20(2) of the Constitution of India as the principles of double jeopardy is in the favour of the petitioner.