web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: Double Jeopardy

CrPC 300 – Person once convicted or acquitted not to be tried for same offence

Posted on March 21, 2019 by ShadesOfKnife

300. Person once convicted or acquitted not to be tried for same offence.

(1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub- section (1) of section 221, or for which he might have been convicted under sub- section (2) thereof.
(2) A person acquitted or convicted of any offence may be afterwards tried, with the consent of the State Government, for any distinct offence for which a separate charge might have been made against him at the former trial under sub- section (1) of section 220.
(3) A person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a different offence from that of which he was convicted, may be afterwards tried for such last- mentioned offence, if the consequences had not happened, or were not known to the Court to have happened, at the time when he was convicted.
(4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charged with, and tried for, any other offence constituted by the same acts which he may have committed if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged.
(5) A person discharged under section 258 shall not be tried again for the same offence except with the consent of the Court by which he was discharged or of any other Court to which the first- mentioned Court is subordinate.
(6) Nothing in this section shall affect the provisions of section 26 of the General Clauses Act, 1897 , (10 of 1897 ) or of section 188 of this Code. Explanation.- The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes of this section. Illustrations

(a) A is tried upon a charge of theft as a servant and acquitted. He cannot afterwards, while the acquittal remains in force, be charged with theft as a servant, or, upon the same facts, with theft simply, or with criminal breach of trust.
(b) A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for culpable homicide.
(c) A is charged before the Court of Session and convicted of the culpable homicide of B. A may not afterwards be tried on the same facts for the murder of B.
(d) A is charged by a Magistrate of the first class with, and convicted by him of, voluntarily causing hurt to B. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts, unless the cage comes within sub- section (3) of this section.
(e) A is charged by a Magistrate of the second class with, and convicted by him of, theft of property from the person of B. A may subsequently be charged with, and tried for, robbery on the same facts.
(f) A, B and C are charged by a Magistrate of the first class with, and convicted by him of, robbing D. A, B and C may afterwards be charged with, and tried for, dacoity on the same facts.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 300 - Person once convicted or acquitted not to be tried for same offence Double Jeopardy | Leave a comment

Article 20 of the Constitution of India

Posted on March 21, 2019 by ShadesOfKnife

20. Protection in respect of conviction for offences

(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence
(2) No person shall be prosecuted and punished for the same offence more than once
(3) No person accused of any offence shall be compelled to be a witness against himself
 

Article 20(2) : It is protection against Double Jeopardy in Criminal cases.

 
For a similar relief in Civil Cases, the principle of ‘Res Judicita‘ has to be invoked instead of Double Jeopardy, as Civil cases only involve Damages and compensation and not penal punishments as in Criminal Cases.
Posted in The Constitution Of India | Tagged Article 20 - Protection in respect of conviction for offences Double Jeopardy PIL - CrPC 125 or BNSS 144 Must Go From Statute Book Res Judicita | Leave a comment

Mamta Gautam Wankhede Vs Gautam Sukhdev Wankhede on 2 February, 2018

Posted on December 7, 2018 by ShadesOfKnife

In this wonderful judgment from Hon’ble High Court of Bombay, the Hon’ble Justice has rubbed in it the lower court magistrate without any tolerance. See the rotten mindsets of magistrates of lower courts.

From Para 8,

The learned Magistrate has gone on record saying that filing of divorce petition by the respondent against the petitioner after 23 years of marriage itself amounted to domestic violence. The remark is outlandish and, if I may say so, is alien to the known jurisprudential concepts. If this is the way how the applications filed under Section 12 of the D.V. Act are decided, as has been done in the present case by the learned Magistrate, as rightly submitted by the learned Counsel for the respondents, all the provisions of law, be they be from Hindu Code Bill or Family Courts Act or D.V.Act, creating rights and obligations of parties while maintaining a fine balance between the competing interests of both sides, would be rendered nugatory and a party would dither to initiate a proceeding for assertion of his right, for the fear of being labelled as merchant of domestic violence. The learned Magistrate shall do well to avoid making such remarks without giving any thought to rights and obligations of parties under the law.

Mamta Gautam Wankhede Vs Gautam Sukhdev Wankhede on 2 February, 2018

This judgment also relies on another Bombay High Court judgment from 2014, available here.


 

Posted in High Court of Bombay Judgment or Order or Notification | Tagged Double Jeopardy Mamta Gautam Wankhede Vs Gautam Sukhdev Wankhede PIL - CrPC 125 or BNSS 144 Must Go From Statute Book PWDV Act Sec 20 - Maintenance Denied | Leave a comment

B.Prakash Vs Deepa on 28 July, 2015

Posted on December 7, 2018 by ShadesOfKnife

In this wonderful landmark judgment, Justice Shri Nagamuthu has delivered a death-knell to the false case filing lair knifes.

From Para 13,

Now, the question is as to whether the wife, who has been neglected by her husband or refused to be maintained, is aggrieved person, as defined in Section 2(a) of the Act. In other words, whether such neglect or refusal by the husband would amount to domestic violence as defined in Section 3 of the Act.

From Para 15,

For the wife, maintenance paid by way of maintenance amount payable by the husband is a financial resource for her. Similarly, the denial of household necessities of the wife is also an economic abuse. The husband is bound to maintain the wife. If he neglects or fails to maintain, the wife is deprivation of her financial resources to maintain herself and to meet her household necessities. Denial of either of these two would amount to economic abuse. Such economic abuse will amount to domestic violence. The wife, who is the victim of such domestic violence, is, therefore, entitled for monetary relief under Section 20 of the Act.

From Para 17,

The next question, which arises for consideration, is as to whether an order for maintenance made by a Magistrate under Section 125 of the Code, shall be a bar for a Magistrate acting under Section 20 of the Act to pass an order for maintenance. In this regard, again, we should have a look into the Section 20(1)(d) of the Act, which states that the monetary relief granted under Section 20 of the Act may include an order for maintenance, in addition to an order of maintenance under Section 125 of the Code. Thus, it is crystal clear that a previous order for maintenance passed by a Magistrate under Section 125 of the Code, is not a bar for a Magistrate acting under Section 20 of the Act to pass yet another order granting monetary relief under Section 20 of the Act, by way of maintenance under Section 125 of the Code. Here, it needs to be noted that the subsequent order made under Section 20 of the Act is not in any way in modification or variation of the earlier order made under Section 125 of the Code by a Magistrate.

From Para 18,

If the wife wants to modify an order made under Section 125 of the Code, seeking enhancement of the maintenance amount, the only option available for her is to file a petition under Section 127 of the Code before the same Magistrate, who passed the order. In other words, the order made under Section 125 of the Code can be modified or varied only by the same Magistrate, who passed the earlier order. An order made under Section 125 of the Code for maintenance by one Magistrate cannot be varied or modified by a Magistrate acting under Section 20 of the Act. Therefore, it should be noted that a monetary relief granted towards maintenance under Section 20 of the Act may be not in modification of the previous order for maintenance passed under Section 125 of the Code, but it may be in addition to the said order for maintenance passed under Section 125 of the Code. If an order has already been made under Section 125 of the Code for maintenance, there can be no doubt that the wife had proved either neglect or refusal on the part of the husband. If the wife wants an order under Section 20 of the Act, in addition to the order under Section 125 of the Code, she has to prove fresh acts of the husband constituting the domestic violence subsequent to the passing of the earlier order under Section 125 of the Code. She cannot rely on the acts of the husband constituting domestic violence, which happened prior to the passing of the order under Section 125 of the Code. For getting an order under Section 20 of the Act, in addition to the earlier order under Section 125 of the Code, the wife should plead and prove that subsequent to the said order made under Section 125 of the Code, the husband had caused domestic violence and on account of the same, she had suffered loss and thus, she is entitled for additional amount as maintenance. Thus, it is manifestly clear that a previous order made under Section 125 of the Code is not a bar for an aggrieved wife to approach a Magistrate under Section 20 of the Act, for monetary relief as an additional relief of maintenance, provided subsequent to the passing of the earlier order under under Section 125 of the Code, the husband has committed domestic violence resulting loss to the wife.

From Para 19,

In this regard, we may also take note of Section 36 of the Act, which states that the provisions of this Act shall be in addition to and in derogation of the provisions of any other law, for the time being in force, which means Section 20 of the Act is not in derogation of Section 125 of the Code. It also needs to be clarified that as and when there is neglect or refusal on the part of the husband to maintain the wife, she has got option either to seek remedy under Section 125 of the Code or under Section 20 of the Act. If she elects to make a claim under Section 125 of the Code, on the same cause of action, she cannot, simultaneously, make a claim under Section 20 of the Act and vice versa. On the said cause of action, if the Magistrate dismisses the claim made by the petitioner under Section 125 of the Code, then, on the same set of allegation and cause of action, the wife cannot change her course and make a claim under Section 20 of the Act. Similarly, having elected to approach the Court under Section 20 of the Act, after having failed in her attempt to get maintenance, on the same set of allegations and cause of action, she cannot make a fresh allegation under Section 125 of the Code for maintenance. Having chosen one forum, if the aggrieved wants to approach the other forum, such approach could be made only on fresh grounds, which occurred subsequent to the order passed by the other forum.

B.Prakash Vs Deepa on 28 July, 2015

Citation: 2016 All MR(Cri)168,

This was referred to in this 2018 judgment here.


[related_posts_by_tax title=”5 Recently Updated Posts, Similar or Related To Above Post” orderby=”post_modified” posts_per_page=”5″ show_date=”true”]

Posted in High Court of Madras Judgment or Order or Notification | Tagged B.Prakash Vs Deepa CrPC 127 - Enhanced Maintenance Set Aside Double Jeopardy Landmark Case Legal Procedure Explained - Interpretation of Statutes PIL - CrPC 125 or BNSS 144 Must Go From Statute Book | Leave a comment

S.Suriya Devi Vs Thilip Kumar on 26 June, 2018

Posted on December 7, 2018 by ShadesOfKnife

In this wonderful judgment, Justice Shri M.S.Ramesh has held that “The petitioner herein having chosen to invoke the provisions of the Domestic Violence Act seeking for monetary relief under Section 20(3), cannot subsequently invoke Section 125 Cr.P.C., for maintenance on the same set of facts and cause of action in view of my reasonings given above.” The cunning knife had her teeth broken and sent back for trying to manipulate and gain illegal benefits from Hon’ble Courts.

The government is equally to blame for causing such situation, whereby, a complainant is given two ‘options’ for same set of cause of action, under civil law itself. This is a clear case of aiding Double Jeopardy and needs to be dealt with iron fists of Judiciary.

S.Suriya Devi Vs Thilip Kumar on 26 June, 2018

 

Posted in High Court of Madras Judgment or Order or Notification | Tagged CrPC 125 or BNSS 144 - Maintenance Quashed Double Jeopardy PIL - CrPC 125 or BNSS 144 Must Go From Statute Book S.Suriya Devi Vs Thilip Kumar | 1 Comment

Search within entire Content of “Shades of Knife”

My Legal X Timeline

Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
vigilnthindutva Hindutva Vigilant @vigilnthindutva ·
20 Jun

POV: You Visit London In 2050

Reply on Twitter 1935943435028254867 Retweet on Twitter 1935943435028254867 439 Like on Twitter 1935943435028254867 2048 X 1935943435028254867
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
ncbn N Chandrababu Naidu @ncbn ·
21 Jun

#InternationalYogaDay2025
#APBreaksWorldRecord

Today, Visakhapatnam saw two mighty oceans, with Bay of Bengal on one side, and a boundless sea of yoga practitioners on the other.

I joined Hon’ble Prime Minister @NarendraModi Ji and lakhs of citizens to celebrate International…

Reply on Twitter 1936303432308302258 Retweet on Twitter 1936303432308302258 966 Like on Twitter 1936303432308302258 7663 X 1936303432308302258
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
frustindian The Frustrated Indian @frustindian ·
21 Jun

🚨 : DRDO Proposes an Airship for the IAF !!!

It will be Solar Powered and Can stay up in the Air for weeks and months at a strech...

Reply on Twitter 1936337158438015112 Retweet on Twitter 1936337158438015112 1338 Like on Twitter 1936337158438015112 10320 X 1936337158438015112
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
idf Israel Defense Forces @idf ·
20 Jun

These are 4 reasons why Iran’s arsenal couldn’t be ignored:

Reply on Twitter 1936176484898546043 Retweet on Twitter 1936176484898546043 1695 Like on Twitter 1936176484898546043 7272 X 1936176484898546043
Load More

Recent Posts

  • Ghanshyam Soni Vs State (NCT of Delhi) and Anr on 04 Jun 2025 June 17, 2025
  • V.Rajesh Vs S.Anupriya on 04 Jun 2025 June 16, 2025
  • Bal Manohar Jalan Vs Sunil Paswan and Anr on 30 Jun 2014 June 8, 2025
  • Bilal Ahmad Ganaie Vs Sweety Rashid and Ors on 11 May 2023 June 8, 2025
  • Sandeep Bhavan Pamarati Vs Anuradha Kovi (Nullity petition) June 7, 2025

Most Read Posts

  • Vishal Shah Vs Monalisha Gupta and Ors on 20 Feb 2025 (2,641 views)
  • Mudireddy Divya Vs Sulkti Sivarama Reddy on 26 Mar 2025 (2,189 views)
  • Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025 (1,925 views)
  • Madan Kumar Satpathy Vs Priyadarshini Pati on 07 Feb 2025 (1,563 views)
  • Megha Khetrapal Vs Rajat Kapoor on 19 Mar 2025 (1,379 views)
  • Om Prakash Ambadkar Vs State of Maharashtra and Ors on 16 Jan 2025 (1,149 views)
  • Ivan Rathinam Vs Milan Joseph on 28 Jan 2025 (1,008 views)
  • State of AP Vs Basa Nalini Manohar and Ors on 23 Dec 2024 (853 views)
  • Akkala Rami Reddy Vs State of AP and Anr on 30 Apr 2025 (754 views)
  • Saikat Das Vs State of West Bengal and Anr on 27 Mar 2025 (742 views)

Tags

Reportable Judgement or Order (402)2-Judge (Division) Bench Decision (372)Landmark Case (368)Legal Procedure Explained - Interpretation of Statutes (367)1-Judge Bench Decision (292)Catena of Landmark Judgments Referred/Cited to (273)Work-In-Progress Article (217)3-Judge (Full) Bench Decision (97)Sandeep Pamarati (93)Article 21 - Protection of life and personal liberty (77)Issued or Recommended Guidelines or Directions or Protocols to be followed (68)Perjury Under 340 CrPC (59)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (58)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (43)HM Act 13 - Divorce Granted to Husband (42)Not Authentic copy hence to be replaced (40)CrPC 482 - Quash (39)Divorce granted on Cruelty ground (39)Legal Terrorism (38)

Categories

Supreme Court of India Judgment or Order or Notification (716)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (318)High Court of Andhra Pradesh Judgment or Order or Notification (179)High Court of Delhi Judgment or Order or Notification (141)High Court of Bombay Judgment or Order or Notification (106)High Court of Karnataka Judgment or Order or Notification (86)High Court of Madras Judgment or Order or Notification (66)General Study Material (55)High Court of Allahabad Judgment or Order or Notification (50)High Court of Punjab & Haryana Judgment or Order or Notification (50)Assorted Court Judgments or Orders or Notifications (49)Prakasam DV Cases (46)LLB Study Material (46)District or Sessions or Magistrate Court Judgment or Order or Notification (43)Judicial Activism (for Public Benefit) (42)High Court of Kerala Judgment or Order or Notification (39)High Court of Madhya Pradesh Judgment or Order or Notification (35)High Court of Gujarat Judgment or Order or Notification (27)High Court of Telangana Judgment or Order or Notification (26)High Court of Calcutta Judgment or Order or Notification (23)

Recent Comments

  • Risha Bhatnagar on Pitchika Lakshmi Vs Pichika Chenna Mallikaharjuana Rao on 24 Dec 2012
  • ShadesOfKnife on Index of all Summary Case Law Pages on Shades of Knife
  • kanwal Kishore Girdhar on Index of all Summary Case Law Pages on Shades of Knife
  • SUBHASH KUMAR BANSAL on Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • June 2025 (9)
  • May 2025 (3)
  • April 2025 (10)
  • March 2025 (7)
  • February 2025 (8)
  • January 2025 (1)
  • December 2024 (3)
  • November 2024 (4)
  • October 2024 (16)
  • September 2024 (15)
  • August 2024 (14)
  • July 2024 (11)
  • June 2024 (18)
  • May 2024 (13)
  • April 2024 (9)
  • March 2024 (23)
  • February 2024 (15)
  • January 2024 (11)
  • December 2023 (11)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (18)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • BGW (Baghdad) on 2025-07-03 July 3, 2025
    THIS IS A SCHEDULED EVENT Jul 3, 03:00 - 05:30 UTCJun 12, 23:01 UTCScheduled - We will be performing scheduled maintenance in BGW (Baghdad) datacenter on 2025-07-03 between 03:00 and 05:30 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • BSR (Basra) on 2025-07-03 July 3, 2025
    THIS IS A SCHEDULED EVENT Jul 3, 03:00 - 05:30 UTCJun 12, 23:01 UTCScheduled - We will be performing scheduled maintenance in BSR (Basra) datacenter on 2025-07-03 between 03:00 and 05:30 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • NJF (Najaf) on 2025-07-03 July 3, 2025
    THIS IS A SCHEDULED EVENT Jul 3, 03:00 - 05:30 UTCJun 12, 23:01 UTCScheduled - We will be performing scheduled maintenance in NJF (Najaf) datacenter on 2025-07-03 between 03:00 and 05:30 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]

RSS List of Spam Server IPs from Project Honeypot

  • 180.178.47.58 | SD June 21, 2025
    Event: Bad Event | Total: 112 | First: 2025-04-25 | Last: 2025-06-21
  • 148.66.6.194 | SD June 21, 2025
    Event: Bad Event | Total: 89 | First: 2025-05-21 | Last: 2025-06-21
  • 172.245.93.88 | S June 21, 2025
    Event: Bad Event | Total: 140 | First: 2025-06-10 | Last: 2025-06-21
Owned and Operated by Advocate Sandeep Pamarati
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 3809 access attempts in the last 7 days.

pixel