1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. O R D E R Vijendra Singh. Versus State of Rajasthan. S.B. Criminal Misc. petition No. 1326/2005 against the order dated 29-10-2005 passed by the Judicial Magistrate No.1, Sujangarh, district Churu, in Criminal Case No.133/2005. ... Date of Order: September 15, 2006 PRESENT HON'BLE MR. JUSTICE H.R. PANWAR Mr. B.N. Kalla, for the petitioner. Mr. Ashok Upadhyaya, Public Prosecutor for the State. BY THE COURT: This criminal miscellaneous petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, “the Code” hereinafter) is directed against the order dated 29-10- 2005 passed by the Judicial Magistrate No.1, Sujangarh, district Churu (for short, “the trial Court” hereinafter) in Criminal Case No. 133/2005, whereby the application filed by the petitioner under Section 300 (1) of the Code was dismissed. I have heard learned counsel for the petitioner and 2 the Public Prosecutor for the State. Carefully gone through the order impugned. Section 300 (1) of the Code provides that a person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of Section 221, or for which he might have been convicted under sub-section (2) thereof. In the instant case, the petitioner has neither been convicted nor acquitted and, therefore, the trial Court has rightly dismissed the application filed by the petitioner. The criminal miscellaneous petition is, therefore, dismissed. The stay petition also stands dismissed. (H.R. PANWAR), J. mcs