4 months, 1 week ago

HC quashes second trial in same case, cites double jeopardy

MUMBAI: The Bombay high court has ruled in favour of a citizen, quashing a second trial against him on the grounds of double jeopardy. HC quashes second trial in same case, cites double jeopardy Justice Milind N Jadhav presided over the case, holding that the second trial violated the applicant’s fundamental rights and amounted to an abuse of the judicial process. On the same day, a second FIR was lodged under section 353 of the Indian Penal Code, alleging that Bharatiya obstructed a public servant attempting to demolish the unauthorised structure. Quashing the second trial, the court underscored the principle of double jeopardy as a vital safeguard of individual dignity and liberty.

Hindustan Times
Trial Ipc Second Firs Double Jeopardy Bharatiya Second Trial Both Firs Cites Double Cites Double Jeopardy
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Double Jeopardy is attracted only when there is a trial; mere discharge in an earlier case does not attract Sec 300 CrPC : SC
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