Abdul Hameed Rowther And Others v. S.M Muhammad Sali Rowther

The charge had been framed before the proceedings were recommenced under S. 350 of the Code of Criminal Procedure and, as pointed out in Sriramulu v. Veerasalingam (1), the discharge of the accused thereafter amounts to an acquittal. The accused cannot be tried again when that order is in force and their objection under S. 403 of the Code of Criminal Procedure is valid. The revision petition is therefore allowed and the proceedings in C.C.No 298 of 1939 on the file of the Second Class Magistrate, Shiyali, are quashed.

Petition allowed.

N.R.R