Constitutional Protection Against Double Jeopardy Cannot be Defeated by Delay: MP High Court

The Madhya Pradesh High Court has clarified that the constitutional protection against double jeopardy under Article 20(2) cannot be defeated merely because a plea is raised after delay.

The Court observed that protection from being tried twice for the same offence is a fundamental right and may be invoked at any stage of the trial.

It held that such pleas cannot be rejected solely on technical grounds like limitation or delay where constitutional safeguards are involved.

Accordingly, the Court quashed the parallel criminal proceedings after finding that the accused had already faced prosecution concerning the same offence.

[Harsh v. The State of Madhya Pradesh]