- (1.) THIS application has been filed for quashing the criminal proceeding (S.T. No. 448 of 1983 State v. Lallan Prasad) pending in the Court of 1st Additional Sessions Judge, Moradabad on the ground that the applicant was tried for the same offence and acquitted.
(2.) THE learned counsel contended that on the principle of autre fois acquit or autre fois convict the accused cannot be tried for the same offence and, therefore, the sessions trial is liable to be quashed. S.300 of the Code of Criminal Procedure provides that a person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which different charge from the one made against him might have been made under sub sec. (1) of S. 221, or for which he might have been convicted under sub section (2) thereof.
(3.) THE applicant was challaned by Vigilance Department for the offence punishable under S. 161 of the Indian Penal Code and 5/2 of Prevention of Corruption Act for having accepted a sum of Rs. 100/ as illegal gratification on 2 6 76 at about 4 16 p.m. He was tried by Special Judge / Ist Additional Sessions Judge, Moradabad in S.T. No. 11 of 1979. The prosecution examined eight witnesses and closed its evidence.;