High CourtsSingle Bench(2012) 09 MP CK 0218

Haridas vs Executive Engineer M.P.

Madhya Pradesh High Court · Decided on 14 September 2012

HON’BLE JUDGES
S.C. Sharma, J
CASE NUMBER
Writ Petition No. 8388 of 2012

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Judgment

4 paragraphs · 161 words

S.C. Sharma, Judge

1.

The petitioner before this Court has filed this present petition being aggrieved by notice dt. 17.1.2012 issued by respondents directing the petitioner to deposit a sum of Rs. 55446.00. The petitioner's contention is that earlier he was prosecuted for committing an offence under the Indian Electricity Act, 2003 and a judgment was delivered by the Trial Court on 1.7.2011.

2.

The petitioner's contention is that again he is being subjected to trial for an offence of theft and once he has been subjected to trial earlier, the action of the respondents amounts double jeopardy in the present case.

3.

this Court has carefully gone through the judgment dt. 1.7.2011. The date of incident reflected in paragraph 3 is 29.12.2009, whereas in the subsequent panchnama the date of incident is 9.12.2011 meaning thereby that two different incidents and, therefore, the plea of the petitioner that he is being subjected to double jeopardy sounds ridiculous. The admission is declined.