CONSTITUTION OF INDIA, 1950

Article 226

Writ petition - Trial of offence under section 276 CC - Application for compounding -

Petitioner sought direction to ACMM (Special Acts) to keep the trial of offence under section 276 CC in abeyance during pendency of writ petition. Petitioner moved the application to seek compounding which was rejected on the ground that the same had not been made within the stipulated time of 12 months of the filing of complaint and that the petitioner had already been convicted. Conviction of petitioner was set aside on 3-12-2018. Even before that, on 23-10-2018 petitioner moved an application to seek review of the rejection of earlier application for compounding. Authorities have rejected the said review application on the ground that petitioner was not acquitted and merely his conviction was set aside on a technical ground Held: Petitioner pointed out that limitation for filing the application for compounding had since been done away with vide Circular No. 25/2019, dated 9-9-2019. He further submits that authorities have adopted a wrong yardstick for rejection of review application by stating that petitioner was not acquitted. He submits that if the petitioner were to be acquitted, there would be no question of his seeking compounding. It was directed to ACMM, dealing with the petitioner's prosecution shall adjourn the proceedings to a date after the hearing of this petition. Listed on 4-5-2020.

REFERRED :

FAVOUR : Petition listed

A.Y. :

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