SUSHIL CHANDRA VERRNA Vs. STATE OF U P

JUDGEMENT

(1.) J. P. Semwal, J. This is an applicaticn under Section 482 of the Criminal Procedure Code, for quashing the proceedings of the Criminal Case No. 308 of 1979, under Section 420 of Indian Penal Code, pending in the court of the judicial Magistrate (City) Agra.

(2.) THE main argument of the learned counsel for the applicant is that the accused was earlier also prosecuted under Section 420, I. P. C. , and the Criminal Case No. 2982 of 1979, Stale v. Sushil Chandra Verma, Police Station, Kotwati, Jaitnpur, was decided by the Chief Judicial Magistrate, Jaunpur, on 26-9- 1980, and the accused-applicant was acquitted.

(3.) NO material has been place except the aforementioned documents, which are on the record and does not prima fade go to in that the present charge-sheet has been filed on the same facts, as I have falready said that the present charge-sheet has been filed by other persons and not by Sri Amar Nath Ojha. Since Section 310, Cr. P. C. bars the trial of the same offence, or on the same facts, hence it would be for the trial court to examine this point before commencing the trial after hearing the accused-applicant and the State counsel. It is not proper for this court in absence of any material on the record co express any opinion which may prejudice the interest of the parties.