BAIJ NATH PRASAD TRIPATHI versus THE STATE OF BHOPAL

BAIJ NATH PRASAD TRIPATHI versus THE STATE OF BHOPAL

The trial is not barred by Article 20(2) of the Constitution nor by Section 403 of the Code of Criminal Procedure because the earlier proceedings were ab initio void for want of proper sanction; there was no prosecution or punishment for the same offence more than once, nor a conviction or acquittal by a court of...

Source-derived case information.

Parties
Petitioner: Baij Nath Prasad Tripathi; Petitioner: Sudhakar Dube; Respondent: The State of Bhopal
Jurisdiction
India
Judgment Date
13 February 1957
Procedural Posture
Petitions Under Article 32 of the Constitution of India for Enforcement of Fundamental Rights / Supreme Court Judgment on Petitions
Outcome
Petitions dismissed.
Legal Topics
Double Jeopardy, Competent Jurisdiction, Sanction for Prosecution, Prevention of Corruption, Section 161 Indian Penal Code, Section 5 Prevention of Corruption Act, Article 20(2) Constitution of India, Section 403 Code of Criminal Procedure
Criminal Law Constitutional Law Double Jeopardy Competent Jurisdiction Sanction for Prosecution Prevention of Corruption Section 161 Indian Penal Code Section 5 Prevention of Corruption Act +2 more

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Parties

Baij Nath Prasad Tripathi

Petitioner

Sudhakar Dube

Petitioner

The State of Bhopal

Respondent

Procedural Posture

Petitions Under Article 32 of the Constitution of India for Enforcement of Fundamental Rights / Supreme Court Judgment on Petitions

Legal Issues

  1. 1 Whether, after proceedings for want of proper sanction are quashed, a second trial for the same offences is barred by Article 20(2) of the Constitution or Section 403 of the Code of Criminal Procedure.

Ratio Decidendi

The trial is not barred by Article 20(2) of the Constitution nor by Section 403 of the Code of Criminal Procedure because the earlier proceedings were ab initio void for want of proper sanction; there was no prosecution or punishment for the same offence more than once, nor a conviction or acquittal by a court of competent jurisdiction.

Court Disposition

Petitions dismissed.

Orders

  • Petitions under Article 32 for restraining prosecution dismissed as devoid of merit.