LAWS(RAJ)-1999-9-21

HARCHARAN SINGH Vs. STATE OF RAJASTHAN

Decided On September 23, 1999
HARCHARAN SINGH Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THIS criminal revision petition is directed against the order dated 23. 8. 1993 passed by the learned Addl. Chief Judicial Magistrate, Sri Karanpur framing charges under Secs. 420, 467, 468, 471, 474 and 477-A IPC against the petitioners.

(2.) MR. Dhillon, learned counsel for the petitioners, pointing out that the petitioners had been tried by the Special Judge for the false entries recorded in the registers, and convicted under Sec. 7 read with Sec. 3 of the Essential Commodities Act vide judgment dated 28. 9. 89, contended that they cannot be tried under Secs. 420, 467, 468, 471, 474, and 477-A IPC again on the same allegations because of the provisions of Sec. 26 of the General Clauses Act and hence the charges are liable to be quashed.

(3.) ADMITTEDLY, in the earlier case the petitioners were neither tried nor prosecuted for the offences under the IPC.