Suresh Chandra Sinha v. Banku Sadhukhan And Others

1. We are disposed to adopt the recommendation of the District Magistrate in this case.

2. The provisions of section 403, clause (1), C. Cr. P., are clearly applicable.

3. The record shows that the second trial is being held in respect of all the offences alleged on the previous occasion, including the offence under section 447, I.P.C The cases relied upon by the Magistrate are distinguishable; the first, Mirza Mahomed Aslcari v. Mir Ahamed Hossein (1) was one of discharge, not acquittal; the second, Hari Dass Sanyal v. Saritulla (2) concerns further enquiry, not autrefois acquit. The order of the Magistrate directing the issue of processes under sections 447, 504, 506, I.P.C, is, therefore, set aside.

4. Order set aside.