The honorable Supreme Court, yesterday, in its landmark judgment held that the principles of “double jeopardy” will not apply when the accused was discharged due to lack of proper sanction. It further cleared that there was no bar for filing fresh/supplementary charge sheet after obtaining a valid sanction for prosecution.
The said judgment came in the case of State of Mizoram v. Dr.C.Sangnghina where R.Banumathi.J. and Indira Banerjee.J. while hearing a criminal appeal against the judgment of Mizoram High Court held that “principle of double jeopardy under Article 20(2) of COI and under section 300 of CRPC cannot be invoked where the accused has not been tried at all and convicted or acquitted”. It was further held that in order to bar the trial of any person already tried, it must be shown that -
The honorable Court has further observed that the Special Court and the High Court were not right in holding that the filing of the fresh charge sheet with proper sanction order for the prosecution was barred under the principles of double jeopardy. The Special Court erred in refusing to take cognizance of the case even after production of valid prosecution sanction obtained from the competent authority and the High Court was not right in affirming the order of the Special Court.
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