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ATTA MUHAMMAD versus THE STATE

Sections 439 (5), 561A, 417 (2A) and 403 (1) of the Contempt Code (XLV of 1860), Section 302/148/149/109 of the Applicant's Applicant / Complainant's Approval by the Trial Court Requested to be banned. Under this, the challan case relating to the same incident was prepared to record that no further action was required in view of the order in the private complaint to be acquitted. The accused had already faced the murder case in a private complaint filed in the case. During the investigation of the police case, the witnesses examined were recorded on the complainant's statement, they were also examined and recorded only as witnesses of the court. Whereas the accused named in the private complaint in the police case were acquitted, since the challan case relating to the same accused / witnesses, including the private complaint, the trial in the police case certainly falls under the principle of double jeopardy. There is nothing illegal, in view of the provisions of Section 171717, Section A of the CRPC, the trial court acquitted the accused, who was allowed under the Law Review, section 9439 (), Was not manageable under the CRPC. lawer from fb area from Choa Saiden Shah lawyer