Law:

Section:

(a) Criminal Procedure Code (V of 1898)--------Ss. 253 & 369­Discharge of accused-Magistrate not empowered to revive pro­ceedings. (b) Criminal Procedure Code (V of 1898)-----Ss. 403 & 253­---Effect of order of discharge-Revival of proceedings not permitted without re visional of Court's order: [I L R 29 Cal. 726 and I L R 28 Cal. 652 considered ] The provision of section 403 of the Criminal Procedure Code, 1898 provides that a discharge is not an acquittal, it does not, however, mean that an order of discharge has no effect on the competence of further proceedings. The general principle that there has to be an end to litigation is applicable ex necessite re to proceedings of any kind in a Court. An order of discharge, which is passed on the merits and which is not plainly or substantially an order passed in default, although it does not in law constitute a legal bar, will practically have the same effect as an order of acquittal. In the presence of an order of acquittal fresh proceedings in respect of the same offence will be entirely without jurisdiction, while in the case of an order of discharge passed on the merits fresh proceedings will be improper and will not be permitted. There is no reason for holding that it is only in the case of a that a fresh exercise of the same jurisdiction is barred. As long as there is no provision for a review, proceedings once taken on the merits cannot be re-opened. Of course, the revisional Court has full powers in all cases where any sufficient reasons exist to direct fresh Inquiry for the bar itself is based on a general principle and is not to be regulated by any technical considerations. Mr. Ahwad Hossein v. Mahomed Askari I L R 29 Cal. 726 and Dwarka Nath Mondal v. Beni Madheb Banerjee I L R 28 Cal. 652 considered. JUDGMENT B. Z. KAIKAUS, J.------Abul Hossain Sana, the appellant in this appeal by special leave, had been sent up for trial by the police under sections 379 and 465 of the Pakistan Penal Code, the allegation against him being that he had forcibly taken away some property belonging to one Mungilal Radha Krishan Agarwalla. The case was being tried by Mr. Meherullah, Magistrate 1st Class, Satkhira. On…

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