RE-INVESTIGATION AFTER ACQUITTAL FOR SAME OFFENCE BARRED BY SC

by | Dec 20, 2024

Headline

The Supreme Court of India states reinvestigation after acquittal violates the principle of double jeopardy.

Summary

The Supreme Court of India overturned the order of Madras High Court directing a de-novo investigation against a man acquitted of murder and kidnapping charges, quoting the protection against double jeopardy under Article 20(2) of the Indian Constitution.

Key Facts

  • Case Name: P. Manikandan vs. Central Bureau of Investigation & Ors
  • Judges Name: Justice CT Ravikumar and Justice Sanjay Karol.
  • The appellant was acquitted by the High Court after being convicted by the trial court due to lack of evidence and defective investigation.
  • Despite acquittal, the High Court ordered a fresh investigation of CBI, which led to a new chargesheet.
  • The Supreme Court of India quashed the reinvestigation and subsequent proceedings.

Legal Insights

The Supreme Court of India stresses that reinvestigation for the same offense violates Article 20(2) of the Indian Constitution and Section 300 of Criminal Procedure Code (Cr.P.C). It shed light that defective investigations do not justify reopening a case, barring exceptional situations under Articles 226 or 32 of Indian Constitution.

Impact

The ruling of the Supreme Court of India focuses constitutional protections against double jeopardy, restricting misuse of reinvestigation orders and protecting judicial integrity.

Why It Matters

This judgment protects the rights of acquitted individuals, making sure that they are not subjected to repeated prosecution for the same offense.

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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