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Supreme Court of India 2024-12-19 allowed

P. MANIKANDAN vs CENTRAL BUREAU OF INVESTIGATION AND ORS

Bench: 2 — C.T. Ravikumar, Sanjay Karol

In Brief

The Supreme Court heard a criminal appeal by P. Manikandan, who was acquitted by the Madras High Court of murdering and kidnapping a four-year-old child, but was ordered to be re-investigated by the CBI for the same offence. The appellant challenged the High Court's order as violating the constitutional protection against double jeopardy under Article 20(2). The Court held that once an acquittal is granted, it must remain in force and cannot be displaced. The High Court lacked authority to direct reinvestigation under Section 386 of the Criminal Procedure Code, which permits retrial only in exceptional circumstances. The Court quashed the High Court's direction for re-investigation, set aside all subsequent proceedings, and upheld the appellant's acquittal as final.

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Criminal Procedure Double Jeopardy Constitutional Law Acquittal Re-investigation Retrial Appellate Powers

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