https://www.taxtmi.com/caselaws?id=190214 Issue estoppel in criminal law applies only when a prior criminal trial between the same parties has finally determined an issue of fact or law and the later prosecution would contradict that determination. A preventive inquiry under Section 107 of the Code of Criminal Procedure, 1898 is not a criminal trial for an offence and, where it ends without conviction or acquittal, does not create a conclusive bar. Rejection of evidence in such an inquiry therefore does not prevent the State from proving the same incident in a later prosecution under Sections 323 and 324 of the Indian Penal Code, 1860. The prosecution was maintainable and the appeal succeeded. en-us Thu, 28 Nov 1968 00:00:00 +0530 Thu, 09 Feb 2017 10:58:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=190214 Issue estoppel in criminal law applies only when a prior criminal trial between the same parties has finally determined an issue of fact or law and the later prosecution would contradict that determination. A preventive inquiry under Section 107 of the Code of Criminal Procedure, 1898 is not a criminal trial for an offence and, where it ends without conviction or acquittal, does not create a conclusive bar. Rejection of evidence in such an inquiry therefore does not prevent the State from proving the same incident in a later prosecution under Sections 323 and 324 of the Indian Penal Code, 1860. The prosecution was maintainable and the appeal succeeded. Case-Laws Indian Laws Thu, 28 Nov 1968 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=190214