Citation Name: 2023 MLD 312 PESHAWAR-HIGH-COURTBookmark this Case Dr. HAZRAT KHAN vs State Ss — 2023 MLD 312 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 MLD 312 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: MLD
Parties: Citation Name: 2023 MLD 312 PESHAWAR-HIGH-COURTBookmark this Case Dr. HAZRAT KHAN vs State Ss
Subject matter: Criminal
Provisions referred to: S. 26---A; S. 249-A; S. 203; S. 403; S. 26; General Clauses Act (X of 1897); General Clauses Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2023 MLD 312 PESHAWAR-HIGH-COURTBookmark this Case Dr. HAZRAT KHAN VS State Ss. 417 & 403---Constitution of Pakistan, Art. 13---General Clauses Act (X of 1897), S. 26---Appeal in case of acquittal---Person once convicted or acquitted not to be tried for same offence---Protection against double punishment---Scope---Petitioner sought special leave to appeal against order passed by Magistrate whereby respondents were acquitted under S. 249-A, Cr.P.C.---Record reflected that earlier, the petitioner had filed a complaint against respondents regarding same allegations as narrated in the present complaint---Special Judge, Anti-Corruption, after hearing both the sides, had dismissed the complaint by invoking the provisions of S. 203, Cr.P.C.---Under the law, nobody could be tried twice for the same offence on the basis of maxim "nemo debet bis vexari", which meant that no person could be tried for the second time for an offence with which he was previously charged---Said principle was fundamentally embodied in S. 403, Cr.P.C., S. 26 of the General Clauses Act, 1897 and Art. 13(a) of the Constitution of Pakistan---Matter had already been tried by the Court of competent jurisdiction---Petition was dismissed.

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