STATE OF KARNATAKA versus K. H. ANNEGOWDA & ANR.

STATE OF KARNATAKA versus K. H. ANNEGOWDA & ANR.

Withdrawal from prosecution under Section 494 of the old Code after framing of charge operates as acquittal, attracting the bar under Section 300 of the new Code to fresh prosecution for the same offence.

Parties
Appellant: State of Karnataka; Respondent: K. H. Annegowda; Respondent: K. H. Annegowda & Anr.
Jurisdiction
India
Judgment Date
08 December 1976
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated 19th September, 1975 of the Karnataka High Court in Criminal Petition No. 52 of 1975
Outcome
Appeal dismissed
Legal Topics
Code of Criminal Procedure 1898 Section 494, Code of Criminal Procedure 1973 Section 300, Withdrawal of Prosecution, Acquittal Vs Discharge, Bar to Fresh Prosecution
Criminal Law Code of Criminal Procedure 1898 Section 494 Code of Criminal Procedure 1973 Section 300 Withdrawal of Prosecution Acquittal Vs Discharge Bar to Fresh Prosecution

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Parties

State of Karnataka

Appellant

K. H. Annegowda

Respondent

K. H. Annegowda & Anr.

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated 19th September, 1975 of the Karnataka High Court in Criminal Petition No. 52 of 1975

Legal Issues

  1. 1 Whether withdrawal from prosecution after charge framing amounts to discharge or acquittal under s. 494 of old Code of Criminal Procedure
  2. 2 Whether Section 300 of the Code of Criminal Procedure, 1973 bars fresh prosecution after such an acquittal

Ratio Decidendi

Withdrawal from prosecution under Section 494 of the old Code after framing of charge operates as acquittal, attracting the bar under Section 300 of the new Code to fresh prosecution for the same offence.

Court Disposition

Appeal dismissed

Orders

  • The respondents cannot be tried again for the same offence.