ORDER 1. Section 403, Criminal Procedure Code, cannot be applied here as Clause (4) of that section allows a second prosecution for an offence constituted by the same acts if the Court by which he was first tried was not competent to try the offence subsequently charged. In this case, the accused were acquitted on the former occasion by a Third Class Magistrate who has no jurisdiction to try the charges now made. The point was considered in the case reported in re, Venkatranga Josiar (1917) 40 IC 291 and following that ruling, I hold the Lower Courts order is right and dismiss this petition.