Supreme Court of India
State of Jharkhand through Sp, Cbi v. Lalu Prasad @ Lalu Prasad Y Aday
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
6 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above, the law is well settled that in order c to attract the provisions of Article 20(2) of the Constitution i.e. doctrine of autrefois acquit or Section 300 Code of Criminal Procedure. or Section 71 Indian Penal Code or Section 26 of General Clauses Act, ingredients of the offences in the earlier case as well as in the latter case must be the same and not different.
Judgment, page 34
Authorities it was built on
- 1997 Vineet Narain and Ors v. Union of India and Anr.
- 1953 Maqbool Hussain v. The State of Bombay
- 1963 State of Andhra Pradesh v. Cheemalapati Ganeswara Rao & Anr.
- 1998 Sambasivan and Ors. v. State of Kerala
- 1968 T. S. Baliah v. T. S. Rengachari
- 1988 V.K. Agarwal, Assistant Collector of Customs v. Vasantraj Bhagwanji Bhatia & Ors.
- 2013 Amitbhai Anilchandra Shah v. The Central Bureau of Investigation & Anr.
- 2001 C.B.I., A.H.D., Patna v. Braj Bhushan Prasad and Ors.
- 1960 The State of Bombay v. S. L. Apte & Another
- 1973 Masud Khan v. State of Uttar Pradesh
- 2013 Ravinder Singh v. Sukhbir Singh & Ors.
- 1966 Srichand K. Khetwani v. State of Maharashtra
- 1962 State of Bombay v. Umarsaheb Buransaheb Inamda
- 2003 Lalu Prasad @ Lalu Prasad Yadav v. State through C.B.I. (a.h.d.) Ranchi, Jharkhand
- 1970 Gopal Prasad Sinha v. State of Bihar
- 1963 Sardar Sardul Singh Caveeshar v. State of Maharashtra
Where later benches applied it
- 2018 Navtej Singh Johar & Ors. v. Union of India Thr. Secretary Ministry of Law and Justice
- 2026 The State (nct) of Delhi v. Khimji Bhai Jadeja
- 2024 Delhi Development Authority v. Tejpal & Ors.
- 2022 Vijay Madanlal Choudhary & Ors. v. Union of India & Ors.
- 2021 Bureau of Investigation (cbi) and Anr. v. Thommandru Hannah Vijayalakshmi @ T. H. Vijayalakshmi and Anr.
- 2019 Department of Customs v. Sharad Gandhi
Of those, 1 relied on · 5 referred to
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