Double Jeopardy Is A Fundamental Right, Cannot Be Defeated By Delay: MP High Court

In a significant ruling reaffirming constitutional safeguards in criminal law, the Madhya Pradesh High Court held that the protection against double jeopardy is a fundamental right that can be invoked at any stage of criminal proceedings and cannot be rejected merely on the ground of delay. Justice Subodh Abhyankar quashed criminal proceedings pending before a Dhar court after finding that the accused had already faced prosecution in Vadodara regarding the very same forged bank drafts and transactions.

The Court observed that Article 20(2) of the Constitution and Section 300 of the Code of Criminal Procedure prohibit a person from being prosecuted and punished twice for the same offence. Rejecting the State’s argument that the plea was raised belatedly, the Court emphasised that constitutional protections cannot be defeated through technical objections relating to limitation. The Court noted that two disputed bank drafts forming the basis of the Dhar prosecution were identical to those already examined in the Vadodara trial, where the accused had previously undergone prosecution and conviction for related offences.

It further clarified that inclusion of an additional draft in the earlier case did not alter the essential nature of the allegations. Stressing that repeated prosecution on identical facts would amount to serious injustice, the High Court observed that the very purpose of the doctrine of double jeopardy is to prevent individuals from suffering the hardship and anxiety of facing the same criminal trial twice for substantially identical accusations.