This order made by the High Court is challenged in the present appeal preferred by the State with special leave obtained from this Court.
The State thereafter ordered fresh investigation into the of fence and ha companysequence of such investigation, a new charge sheet was filed against the respondents and three other accused in the Court of Judicial Magisrate, 1st Class, Chickmagalur.
The Sessions Judge rejected the applica tion, taking the view that the respondents were discharged and number acquitted under the Order dated 29th June, 1974 and, therefore, section 300 of the New Code was number applicable and there was numberbar against their fresh prosecution for the same offence.
This order of companymittal was made on 15th March 1974 and in pursuance of it, the records of the case were forwarded to the Court of Sessions, Chickmaga lur where they reached on 23rd March, 1974 and the case was registered as S.C. No.
This revision application was allowed and the High Court held that though the Order passed by the Sessions Judge directed that the respondents be discharged, the legal effect of this order was to bring about the acquittal of the respond ents since the withdrawal from the prosecution was made after the charge had been framed and the respondents having been acquitted under that Order, the bar of section 300 of the New Code was attracted and the respondents were number liable to be prosecuted again for the same offence.
The respondents challenged this Order by preferring a revision application to the High Court.
It may be pointed out that before the High Court it was companytended on behalf of the State that the earlier case before the Sessions Judge, viz.,
2319 of 1973.
62 of 1973.
Appeal by Special Leave from the Judgment and Order dated the 19th Sept., 1975 of the Karnataka High Court in Criminal Petition No.
The learned Sessions Judge by an order passed on the same day accorded permission to the Public Prosecutor to withdraw from the prosecution and discharged the respond ents in respect of the offence charged against them.
When the case came up for hearing before the Sessions Judge, the respondents made an application companytending that by virtue of the order dated 29th June, 1974 made by the Sessions Judge under section 494 of the Old Code, the respondents had been acquitted and they were, therefore, number liable to be prose cuted again for the same offence in view of section 300 of the New Code.
CRIMINAL APPLLATE JURISDICTION Criminal Appeal No.
52 of 1975.
361 1975.
give in a list the names of witnesses whom they wished to be summoned to give evidence, the learned Magistrate made an order companymitting the respondents for trial by the Court of Sessions, Chickmagalur.
The Sessions Judge fixed the trial of the case on 15th July, 1974 but before that date, the Public Prosecutor filed an application on 29th June, 1974 praying for permission to withdraw from the prosecution under section 494 of the old Code.
Mookerjee and B.R.G.K. Achar, for the appellant.
B. Datar and R.B. Datar, for respondents.
The police inves tigated the case and after the investigation was companyplete, a charge sheet was filed against the respondents in the Court of Judicial Magistrate, 1st Class Chickmagalur and the case was registered as C.C. No.
The facts giving rise to the appeal are few and may be briefly stated as follows.
The Judgment of the Court was delivered by BHAGWATI, J., This appeal by special leave raises a short but interesting question of law relating to the interpretation of certain provisions of the Code of Criminal Procedure, 1898 hereinafter referred to as the Old Code .
One Bodegowda was murdered and in regard to this inci dent a case was registered at the Police Station on 13th October, 1973 as Crime No.
Since this chargesheet was filed after 1st April, 1974 when the Code of Criminal Procedure, 1973 hereinafter referred to as New Code had companye into force, the learned Magistrate, following the provisions of the New Code, companymitted the respondents and the other three accused to stand their trial before the Court of the Ses sions Judge, Chickmagalur for the same offence.
5 of 1974.
