The State Of Mizoram vs Dr. C. Sangnghina

3. Brief facts which led to filing of this appeal are that a Digitally signed by MAHABIR SINGH complaint was made to the Superintendent of Police, Mizoram, Date: 2018.10.30 15:39:51 IST Reason:

5. Subsequently, after due consideration of the materials, the Governor vide order dated 20.12.2013 in supersession of the earlier order dated 08.04.2013 granted sanction for prosecution of the respondent for the aforesaid offences and other offence punishable under any other provisions of law. In view of the fresh sanction issued against the respondent on 20.12.2013, the Inspector, ACB Mizoram on 30.01.2014 submitted fresh/supplementary charge sheet along with fresh prosecution sanction against the accused/respondent with further request to accept the fresh/supplementary charge sheet and to reopen the case.

6. The learned Judge, Special Court vide order dated 26.08.2014 dismissed SR (PCA) No.8 of 2014 holding that there is no provision/scope for review of its own order under Criminal Procedure Code. The learned Judge found that the second charge sheet is barred by the principles of “double jeopardy” and accordingly, the application to take the fresh charge sheet was dismissed by order dated 26.08.2014.

23.2. A careful reading of sub-section (3) to Section 19 would show that the same interdicts reversal or alteration of any finding, 7 sentence or order passed by a Special Judge, on the ground that the sanction order suffers from an error, omission or irregularity, unless of course the court before whom such finding, sentence or order is challenged in appeal or revision is of the opinion that a failure of justice has occurred by reason of such error, omission or irregularity. Sub-section (3), in other words, simply forbids interference with an order passed by the Special Judge in appeal, confirmation or revisional proceedings on the ground that the sanction is bad save and except, in cases where the appellate or revisional court finds that failure of justice has occurred by such invalidity. What is noteworthy is that sub-section (3) has no application to proceedings before the Special Judge, who is free to pass an order discharging the accused, if he is of the opinion that a valid order sanctioning prosecution of the accused had not been produced as required under Section 19(1).

23.3. Sub-section (3), in our opinion, postulates a prohibition against a higher court reversing an order passed by the Special Judge on the ground of any defect, omission or irregularity in the order of sanction. It does not forbid a Special Judge from passing an order at whatever stage of the proceedings holding that the prosecution is not maintainable for want of a valid order sanctioning the same.

23.5. The rationale underlying the provision obviously is that if the trial has proceeded to conclusion and resulted in a finding or sentence, the same should not be lightly interfered with by the appellate or the revisional court simply because there was some omission, error or irregularity in the order sanctioning the prosecution under Section 19(1). Failure of justice is, what the appellate or revisional court would in such cases look for. And while examining whether any such failure had indeed taken place, the Court concerned would also keep in mind whether the objection touching the error, omission or irregularity in the sanction could or should have been raised at an earlier stage of the proceedings meaning thereby whether the same could and should have been raised at the trial stage instead of being urged in appeal or revision.” 8

18. In the result, the impugned judgment and order dated 13.08.2015 is set aside and this appeal is allowed. The Special Court, PC Act, Aizawl, Mizoram is directed to take cognizance of the charge sheet dated 30.01.2014 in ACB P.S.C.No.3/2009 on file and proceed with the same in accordance with law.

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