Does the principle of issue estoppel bar an accused from re-agitating a ground of challenge considered and rejected in an earlier round of the same proceedings?
Coram: Justice Ujjal Bhuyan · Justice Atul S. Chandurkar
The principle of issue estoppel bars an accused from re-agitating a ground of challenge considered and rejected in an earlier round of the same proceedings.
Yes. The principle of issue estoppel bars an accused from re-agitating, in a subsequent proceeding within the same case, a ground of challenge already considered and rejected in an earlier round. The accused's fresh writ petition raising the same ground was accordingly not maintainable. (¶15)
Code of Criminal Procedure, 1973 — s.227 — Discharge — Framing of charge — Forgery — Issue estoppel — Issue estoppel — Same proceedings — Ground already decided — Held: The principle of issue estoppel bars an accused from re-agitating a ground of challenge considered and rejected in an earlier round of the same proceedings. The accused's fresh writ petition raising the same ground was not maintainable. (¶15) Forgery — Absence of original document — Not a ground for discharge — Held further: Absence of the original document alleged to be forged is not by itself a ground to quash a forgery prosecution; it is a matter to be considered at trial, and the prosecution may rely on circumstantial evidence. (¶16, 17, 19) Code of Criminal Procedure, 1973 — s.227 — Framing of charge — Grave suspicion sufficient — Held further: At the stage of framing charge under section 227 of the Code, grave suspicion against the accused is sufficient to sustain a trial. The High Court's order discharging the accused was set aside and the Criminal Appeal was allowed. (¶20, 21)
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