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march 1965

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.

MOHAMMAD SAFI vs THE STATE OF WEST BENGAL · Niyam