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N.R. Ghose Vs. the State of West Bengal - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Judge
Reported inAIR1960SC239; 1960CriLJ289; [1960]2SCR58
ActsCriminal Law; Civil Law; Constitution of India - Articles 14, 226 and 227; Prevention of Corruption Act, 1947 - Sections 4(1), 5(2) and 12; West Bengal Criminal Law (Amendment) (Special Courts) Act, 1949; West Bengal Criminal Law (Amendment) (Special Courts) Act, 1952; Special Courts Act; Code of Criminal Procedure (CrPC) - Sections 403
AppellantN.R. Ghose
RespondentThe State of West Bengal
Excerpt:
.....held to be under trial prisoners - high court directing complaint to proceed within court of sub divisional magistrate - appeal filed in supreme court - under section 403 (1) a person once tried and acquitted for an offence not liable to be tried again for same offence or on same facts - appellant acquitted by court of competent jurisdiction - first trial of appellant before a court of competent jurisdiction and verdict of acquitted not nullity - held, first trial being lawful and never set aside another trial would place appellant in jeopardy. - section 100: [dr.arijit pasayat & dr.mukundakam sharma,jj] second appeal suit for permanent injunction against dispossession based on title title of plaintiff found proved by trial and first appellate courts suit decreed - second appeal was.....order - 33. in according with the opinion of the majority the appeal is allowed, the order of the calcutta high court direction the complaint to be proceeded within the court of sub-divisional magistrate is set aside, and the proceedings against the appellant are quashed. 34. appeal allowed
Judgment:
ORDER

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33. In according with the opinion of the majority the appeal is allowed, the order of the Calcutta High Court direction the complaint to be proceeded within the Court of Sub-Divisional Magistrate is set aside, and the proceedings against the appellant are quashed.

34. Appeal allowed


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