Double punishment

If certain rights had been created in favour of a person in pursuance of an action/order which had once taken effect, then such action/order could not be withdrawn/rescinded to the detriment of rights created

Such action/order will become irrevocable/past/closed transaction

Sole exemption was if such action/order was illegal or procured through fraud and no effective steps had been taken in implementation thereof.

Conditions to be fulfilled when second trial barred, enumerated.

Accused after registration of the case, in departmental proceedings had been dismissed from service and in appeal his dismissal was converted into major penalty of forfeiture of his past five years service with order to recover all the amounts received by him illegally from the public treasury, which was done and then the accused had been reinstated to his service

Accused, thus, had endured the penalty imposed upon him departmentally, and he could not be vexed twice for the same cause/wrong as per provisions of S.403, Cr.P.C. read with Art.13(a) of the Constitution

Now nothing was to be recovered from the accused and continuance of present proceedings in the case against him would amount to a sheer abuse of process of law and the court

Bail petition was, consequently, converted into a petition under S.561-A, Cr.P.C. and the F.I.R. along with its emanating proceedings was quashed in circumstances.