DIL HASSAN ANSARI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 the present petition has been filed seeking quashment of FIR No.22(09)04 dated 24.09.2004 registered with the Jorethang Police Station and the criminal proceedings in G.R. Case No.102/2007 pending against the petitioners in the Court of Chief Judicial Magistrate (East & North Sikkim) at Gangtok.

(2.) Facts relevant for the purpose of the present petition are being noticed hereinafter.

(3.) The sum and substance of the case of the petitioners is that the allegations/charges against the petitioners in G.R. Case No.80 of 2005 (renumbered as 102 of 2007 pending in the Court of Chief Judicial Magistrate, East & North Sikkim at Gangtok) and G.R. Case No.81 of 2006 wherein they have earned acquittal being common, the accused cannot be tried again for the same offence. It is accordingly pleaded that the second trial pending in the Court of Chief Judicial Magistrate (East & North Sikkim) at Gangtok in G.R. Case No.80 of 2005 (renumbered as 98 of 2007 and 102 of 2007) is liable to be quashed in view of provisions of Section 300 Cr.P.C. and Article 20(2) of the Constitution of India.