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PETITIONER: BAIJ NATH PRASAD TRIPATHI
Vs.
RESPONDENT: THE STATE OF BHOPAL(and connected petition)
DATE OF JUDGMENT: 13/02/1957
BENCH:
ACT: Criminal trial-Prosecution for offences under s. 161 of the Indian PenalCode and s. 5 of the Prevention of Corruption Act-Proceedings quashed for want of Proper sanction-Fresh sanction-Second trial for same offences--Whether betred- Constitution of India, Art. 20 (2)-Code of Criminal Procedure, S. 403.
HEADNOTE: The accused was tried and convicted by a Special judge for offences under s. 161 of the Indian Penal Code and s. 5 of the Prevention of Corruption Act. On appeal the whole proceedings were quashed as being ab initio invalid for want of proper sanction. The authorities accorded fresh sanction and directed the accused to be tried by a Special judge for the same offences. It was contended by the accused that the second trial was barred by Art. 20 (2) of the Constitution of India and by s. 403 -Of the Code of Criminal Procedure. Held, that the trial was not barred. Art. 20 (2) had no application in the case. The accused was not being prosecuted and punished for the same offence more than once, the earlier proceedings having been held to be null and void. The accused was not tried in the earlier proceedings by a Court of competent jurisdiction, nor was there any conviction or acquittal in force within the...