Supreme Court of India · 1965-03-25
MOHAMMAD SAFI vs THE STATE OF WEST BENGAL
- Citation / case number
- SC 1963/243
- Court
- Supreme Court of India
- Petitioner
- MOHAMMAD SAFI
- Respondent
- THE STATE OF WEST BENGAL
- Bench
- MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that the earlier order of acquittal by the Special Judge did not constitute a valid acquittal under Section 403(1) of the Code of Criminal Procedure, as the Special Judge erroneously assumed a lack of jurisdiction. The Court clarified that only a court of competent jurisdiction can issue an acquittal that bars subsequent trials for the same offence. Consequently, the appellant's subsequent trial and conviction were upheld as valid, since the prior acquittal was deemed a nullity.