Principles Of “Double Jeopardy” Will Not Apply When Accused Was Discharged Due To Lack Of Proper Sanction: SC [Read Judgment]
6 years, 5 months ago

Principles Of “Double Jeopardy” Will Not Apply When Accused Was Discharged Due To Lack Of Proper Sanction: SC [Read Judgment]

Live Law  

‘There was no bar for filing fresh/supplementary charge sheet after obtaining a valid sanction for prosecution.’The Supreme Court on Tuesday held that when the accused was discharged due to lack of proper sanction, the principles of “double jeopardy” will not apply, and there is no bar for filing fresh/supplementary charge sheet after obtaining a valid sanction for prosecution.In. ‘There was no bar for filing fresh/supplementary charge sheet after obtaining a valid sanction for prosecution.’ The Supreme Court on Tuesday held that when the accused was discharged due to lack of proper sanction, the principles of “double jeopardy” will not apply, and there is no bar for filing fresh/supplementary charge sheet after obtaining a valid sanction for prosecution. Considering the state’s appeal, the bench comprising Justice R. Banumathi and Justice Indira Banerjee observed that the accused in this case was discharged due to lack of proper sanction and thus there was no impediment for filing the fresh/supplementary charge sheet after obtaining valid sanction. Where the accused has not been tried at all and convicted or acquitted, the principles of “double jeopardy” cannot be invoked at all.” The Bench 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 prosecution was barred under the principles of “double jeopardy”.

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History of this topic

SC/ST Act | "Repeat Appeal" For Bail After Plea Was Dismissed On Merits Not Maintainable Before HC, Accused Can Move Special Court: MP High Court
2 weeks ago

SC/ST Act | "Repeat Appeal" For Bail After Plea Was Dismissed On Merits Not Maintainable Before HC, Accused Can Move Special Court: MP High Court

Live Law  

While answering a reference with respect to the scope of Section 14A of The Scheduled Castes And The Scheduled Tribes Act, the Madhya Pradesh High Court held that a second criminal appeal against the Special Court or the Exclusive Special Court's original order rejecting bail is not maintainable. If such an application is preferred, the same may be considered by …

SC strengthens legal protection in appeal cases
1 month ago

SC strengthens legal protection in appeal cases

Hindustan Times  

Reaffirming the fundamental principle that “bail is the rule, and jail is the exception,” the Supreme Court on Friday ruled that an individual acquitted by a trial court must be released on bail when a high court reviews the acquittal order. The ruling came while setting aside two orders of the Delhi high court that stayed a discharge order in …

Accused In Cheque Bounce Cases Should Not Be Equated With Those Convicted Under Other Penal Statutes: Karnataka High Court
2 months ago

Accused In Cheque Bounce Cases Should Not Be Equated With Those Convicted Under Other Penal Statutes: Karnataka High Court

Live Law  

the Courts while exercising its discretion at the time of passing the appropriate sentence in a given case, is entitled to use its discretionary power in awarding imprisonment or fine or with both. The Karnataka High Court recently observed that an accused who has suffered an order of conviction in a prosecution under Section 138 of the Negotiable Instruments Act …

HC quashes second trial in same case, cites double jeopardy
4 months ago

HC quashes second trial in same case, cites double jeopardy

Hindustan Times  

MUMBAI: The Bombay high court has ruled in favour of a citizen, quashing a second trial against him on the grounds of double jeopardy. HC quashes second trial in same case, cites double jeopardy Justice Milind N Jadhav presided over the case, holding that the second trial violated the applicant’s fundamental rights and amounted to an abuse of the judicial …

'Something Very Rotten In Special Court': Madras HC Takes Up Another Suo Motu Revision Against Discharge Of Ministers In Disproportionate Assets Case
1 year, 7 months ago

'Something Very Rotten In Special Court': Madras HC Takes Up Another Suo Motu Revision Against Discharge Of Ministers In Disproportionate Assets Case

Live Law  

Days after taking up suo moto revision against acquittal of Tamil Nadu Minister K. Ponmudy in a disproportionate assets case, Justice Anand Venkatesh of the Madras High Court today made critical remarks against the manner in which trial was conducted against State's revenue minister KKSSR Ramachandran and finance minister Thangam Thenarasu in the disproportionate assets case against them. The court …

MCOCA | Refusal Of Sanction To Prosecute Does Not Invalidate Extension Of Judicial Custody Given By Special Court: Bombay High Court
2 years, 2 months ago

MCOCA | Refusal Of Sanction To Prosecute Does Not Invalidate Extension Of Judicial Custody Given By Special Court: Bombay High Court

Live Law  

Once the court extends the judicial custody of an accused, the refusal of sanction to prosecute will not invalidate the extension of custody, the Bombay High Court has held while refusing to grant default bail in a case under the Maharashtra Control of Organised Crime Act, 1999. Though the petitioners applied for bail 30 minutes before the charge sheet was …

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]
2 years, 5 months ago

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]

Live Law  

Central Excise Tariff Act, 1988 - Modified Vapour Absorption Chiller Machines cannot be categorized as a Heat Pump to avail concessional tariff benefits - The end use of MVAC is to produce Chilled Water. Thermax Ltd v. Commissioner of Central Excise, Pune-1, 2022 LiveLaw 881 Code of Criminal Procedure, 1973; Section 406 - Negotiable Instruments Act, 1881; Section 138 - …

Supreme Court Criminal Digest: June 2022
2 years, 8 months ago

Supreme Court Criminal Digest: June 2022

Live Law  

Code of Criminal Procedure 1973; Section 311 - Merely because a different statement given by the same prosecution witness in another case that itself would not be a reason for recalling the witness. Sanjay v. State, 2022 LiveLaw 555 Code of Criminal Procedure, 1973; Section 220 - trial for more than one offence - if in one series of acts …

Supreme Court Criminal Digest -April 2022
2 years, 10 months ago

Supreme Court Criminal Digest -April 2022

Live Law  

Arms Act, 1950; Section 27 - Supreme Court Patna High Court judgment which modified the judgment passed by the Trial Court convicting the appellants- accused under Section 307 read with Section 34 Indian Penal Code to Section 324 IPC and confirming their conviction under Section 27 of the Arms Act. Mohd Firoz v. State of Madhya Pradesh, 2022 LiveLaw 390 …

Bhima Koregaon Case - Time For UAPA Probe Was Extended By A Court Which Lacked Competent Jurisdiction : Bombay High Court
3 years, 4 months ago

Bhima Koregaon Case - Time For UAPA Probe Was Extended By A Court Which Lacked Competent Jurisdiction : Bombay High Court

Live Law  

In its detailed order granting default bail to Sudha Bharadwaj the Bombay High Court said that Additional Sessions Judge of Pune KD Vadane was not authorized to extend the time for Pune Police to file the charge sheet under the provisions of the UAPA Act on November 26, 2018 and therefore she was entitled for default bail. "In the case …

Wrongful prosecution: plea in Supreme Court seeks guidelines for compensating victims
4 years ago

Wrongful prosecution: plea in Supreme Court seeks guidelines for compensating victims

The Hindu  

A petition has been filed in the Supreme Court highlighting need for the government to frame guidelines for compensating victims of wrongful prosecution by the police or authorities. “Surprisingly, India, with a population of around 1.5 billion, has no effective statutory/legal Mechanism for the wrongful prosecutions due to police and prosecutorial misconduct resulting in a pandemic of false cases which …

"Whether Prosecution Sanction Required Even If Accused Was Not Holding The Office At The Time Of Taking Cognizance": Supreme Court Issues Notice In HD Kumaraswamy's Plea
4 years, 2 months ago

"Whether Prosecution Sanction Required Even If Accused Was Not Holding The Office At The Time Of Taking Cognizance": Supreme Court Issues Notice In HD Kumaraswamy's Plea

Live Law  

The Supreme court has issued notice in a Special Leave Petition filed by HD Kumaraswamy limited to the question as to whether without sanction the Special Judge could have taken cognizance of a complaint under Prevention of Corruption Act.Challenging the Karnataka High Court judgment which dismissed his petition filed under Section 482 of the Code of Criminal Procedure, the JD …

An Accused Who Was Released On Default Bail Cannot Be Re-arrested On Filing Of Charge Sheet: Supreme Court
4 years, 2 months ago

An Accused Who Was Released On Default Bail Cannot Be Re-arrested On Filing Of Charge Sheet: Supreme Court

Live Law  

The Supreme Court has held that an accused who was released on default bail cannot be re-arrested on filing of charge-sheet by policeIn this case, Kamlesh was accused of committing offences under Sections 406, 409, 420, 467, 468, 471, 477-A, 201, 120-B of Indian Penal Code and Section 5 of the Prize Chits Money Circulation Scheme, 1978 and Section 65 …

Filing Of The Charge-sheet By Itself, Does Not Entitle An Accused To Copy Of Statement Recorded U/s 164 CrPC: SC [Read Judgment]
4 years, 5 months ago

Filing Of The Charge-sheet By Itself, Does Not Entitle An Accused To Copy Of Statement Recorded U/s 164 CrPC: SC [Read Judgment]

Live Law  

Filing of the charge-sheet by itself, does not entitle an accused to copies of any of the relevant documents including statement under Section 164 of the Code, the Supreme Court observed while setting aside the Allahabad High Court order which allowed the plea of former Union Minister and BJP leader Chinmayanand to seek a certified copy of the statement of …

Supreme Court Monthly Digest- August 2019
5 years, 5 months ago

Supreme Court Monthly Digest- August 2019

Live Law  

Section 313 CrPC: Inculpatory Material As Not Put To The Accused Must Be Eschewed Samsul Haque vs. State of Assam The Supreme Court has reiterated that the incriminating material that came in evidence is to be put to the accused during his examination under Section 313 of the Criminal Procedure Code.The bench comprising Justice Sanjay Kishan Kaul and Justice KM …

Issue Of Invalidity Of Sanction To Be Raised During Trial, Not At Stage Of Discharge Application: SC [Read Judgment]
5 years, 6 months ago

Issue Of Invalidity Of Sanction To Be Raised During Trial, Not At Stage Of Discharge Application: SC [Read Judgment]

Live Law  

The Supreme Court has held that though the absence of sanction can be agitated during stage of discharge application, but the issue of invalidity of the sanction is to be raised during the trial.In this case, the Special Court as well as the High Court, while allowing the plea of discharge filed by the accused had held that the sanction …

NGT Admits Plea Filed By HPCB Against Order Of Appellate Authority Refusing Prosecution Against Polluting Plastic Units [Read Order]
5 years, 6 months ago

NGT Admits Plea Filed By HPCB Against Order Of Appellate Authority Refusing Prosecution Against Polluting Plastic Units [Read Order]

Live Law  

Principal Bench of National Green Tribunal has admitted an appeal filed by the Haryana Pollution Control Board, against an order of the Appellate authority which quashed the sanction for prosecution initiated by an officer against polluting industries in Haryana, on the grounds that it would amount to double jeopardy. A bench led by Justice Adarsh K Goel, prima facie held …

Acquittal In Criminal Case By Itself Doesn't Vitiate Disciplinary Enquiry Findings Of Misconduct: SC [Read Judgment]
5 years, 8 months ago

Acquittal In Criminal Case By Itself Doesn't Vitiate Disciplinary Enquiry Findings Of Misconduct: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that the acquittal in the course of the criminal trial by itself is not a ground for vitiating the finding of misconduct which has been arrived at during the course of the disciplinary proceedings. Allowing his challenge against the findings of disciplinary enquiry, the High Court concluded that since the departmental proceedings as well as …

Person Once Discharged Can Also Be Added As Accused U/S 319 CrPC Based On New Materials [Read Judgment]
6 years, 3 months ago

Person Once Discharged Can Also Be Added As Accused U/S 319 CrPC Based On New Materials [Read Judgment]

Live Law  

“Since, at an earlier point of time the supplementary chargesheet was ignored by the Trial Court while discharging the appellant, there is no bar to proceed against him under Section 319 Cr.P.C. based on the supplementary charge-sheet, that too when sufficient material is brought on record against him during the course of trial.”The Supreme Court recently upheld a trial court …

Person Once Discharged Can Also Be Added As Accused U/S 319 CrPC Based On New Materials [Read Judgment]
6 years, 3 months ago

Person Once Discharged Can Also Be Added As Accused U/S 319 CrPC Based On New Materials [Read Judgment]

Live Law  

“Since, at an earlier point of time the supplementary chargesheet was ignored by the Trial Court while discharging the appellant, there is no bar to proceed against him under Section 319 Cr.P.C. based on the supplementary charge-sheet, that too when sufficient material is brought on record against him during the course of trial.”The Supreme Court recently upheld a trial court …

Principles Of “Double Jeopardy” Will Not Apply When Accused Was Discharged Due To Lack Of Proper Sanction: SC [Read Judgment]
6 years, 5 months ago

Principles Of “Double Jeopardy” Will Not Apply When Accused Was Discharged Due To Lack Of Proper Sanction: SC [Read Judgment]

Live Law  

‘There was no bar for filing fresh/supplementary charge sheet after obtaining a valid sanction for prosecution.’The Supreme Court on Tuesday held that when the accused was discharged due to lack of proper sanction, the principles of “double jeopardy” will not apply, and there is no bar for filing fresh/supplementary charge sheet after obtaining a valid sanction for prosecution.In. ‘There was …

Appeal Against Conviction Or Acquittal By Special Court Under TNPID Act Will Lie Only To HC, Irrespective Of Quantum Of Sentence: Madras HC [Read Order]
6 years, 9 months ago

Appeal Against Conviction Or Acquittal By Special Court Under TNPID Act Will Lie Only To HC, Irrespective Of Quantum Of Sentence: Madras HC [Read Order]

Live Law  

A Special Court constituted under the TNPID Act is not a Court of Magistrate. The Presiding Officer of the Special Court can only be a person of the cadre of a District and Sessions Judge, the bench said.Clarifying that the Special Court constituted under the Tamil Nadu Protection of Interests of Depositors Act, 1997 is not a Magistrate’s court, the …

Judicial Officers Need Sensitization In Intricacies Of Special Enactments: Delhi HC [Read Judgment]
7 years, 10 months ago

Judicial Officers Need Sensitization In Intricacies Of Special Enactments: Delhi HC [Read Judgment]

Live Law  

The High Court of Delhi recently rapped District and Sessions Judge, New Delhi and the Additional Sessions Judge presiding over the Special Court, over the handling of the Public Prosecutor’s report for extension of judicial custody of an accused under the Maharashtra Control of Organized Crime Act, 1999.Justice R.K. Gauba then emphasized on the need for training of judicial. The …

SC Rejects IRS Official Vivek Batra's Plea Against Sanction To Prosecute Him In Graft Case [Read Judgment]
8 years, 5 months ago

SC Rejects IRS Official Vivek Batra's Plea Against Sanction To Prosecute Him In Graft Case [Read Judgment]

Live Law  

Sanction cannot be held invalid only for the reason that in the administrative noting different authorities had opined differently before the competent authority took the decision in the matter, said the Bench.The Supreme Court has dismissed a petition filed by Vivek Batra, former Additional Commissioner of Income Tax, Mumbai, challenging the sanction order issued by the Union Finance Ministry. Sanction …

SC Rejects IRS Official Vivek Batra's Plea Against Sanction To Prosecute Him In Graft Case [Read Judgment]
8 years, 5 months ago

SC Rejects IRS Official Vivek Batra's Plea Against Sanction To Prosecute Him In Graft Case [Read Judgment]

Live Law  

Sanction cannot be held invalid only for the reason that in the administrative noting different authorities had opined differently before the competent authority took the decision in the matter, said the Bench.The Supreme Court has dismissed a petition filed by Vivek Batra, former Additional Commissioner of Income Tax, Mumbai, challenging the sanction order issued by the Union Finance Ministry. Sanction …

High Court corrects the Trial Court which erroneously imposed ‘milder’ punishment to ‘child rapist’ [Read the Judgment]
9 years, 7 months ago

High Court corrects the Trial Court which erroneously imposed ‘milder’ punishment to ‘child rapist’ [Read the Judgment]

Live Law  

In a double whammy to the appellant who was convicted by Trial court for raping a six year old, the Punjab and Haryana High Court not only upheld his conviction, but also ameliorated the error committed by Trial court which had resulted in awarding imprisonment for a lesser term. I, thus, alter the conviction by correctly describing the section as …

High Court corrects the Trial Court which erroneously imposed ‘milder’ punishment to ‘child rapist’ [Read the Judgment]
9 years, 7 months ago

High Court corrects the Trial Court which erroneously imposed ‘milder’ punishment to ‘child rapist’ [Read the Judgment]

Live Law  

In a double whammy to the appellant who was convicted by Trial court for raping a six year old, the Punjab and Haryana High Court not only upheld his conviction, but also ameliorated the error committed by Trial court which had resulted in awarding imprisonment for a lesser term. I, thus, alter the conviction by correctly describing the section as …

Trial of Public Servant with Invalid Sanction is Null and void and Non-est; Second Trial is permissible with Valid Sanction: SC
9 years, 8 months ago

Trial of Public Servant with Invalid Sanction is Null and void and Non-est; Second Trial is permissible with Valid Sanction: SC

Live Law  

A Supreme Court Bench comprising Justice T.S. Thakur and Justice Amitava Roy, in a recent decision in the case of Nanjappa v. State of Karnataka has held that a Trial of Public Servant with Invalid Sanction is Null and void and Non-est. In such cases, second Trial is permissible with Valid Sanction.The Court was hearing an Appeal filed against a …

Satyam Case: Court Rejects Pleas of Raju, Others
9 years, 11 months ago

Satyam Case: Court Rejects Pleas of Raju, Others

The Quint  

A local court today rejected as non-maintainable the appeals filed by Satyam scam kingpin B Ramalinga Raju and others challenging a special court’s verdict that found him and nine others guilty in the multi-crore rupee accounting fraud in erstwhile Satyam Computer Services Ltd. The appeals were filed by Raju and others last week in the court of metropolitan sessions judge …

Double Jeopardy is attracted only when there is a trial; mere discharge in an earlier case does not attract Sec 300 CrPC : SC
9 years, 11 months ago

Double Jeopardy is attracted only when there is a trial; mere discharge in an earlier case does not attract Sec 300 CrPC : SC

Live Law  

In what could have been a landmark case on marital rape in India, a 2 judge bench of the Supreme Court comprising of Justices J.S.Khehar and S.A.Bobde awarded a compensation of Rs 5 lakhs to the appellant wife and negated the offence of rape as held by courts below.The brief facts pertaining to the case can be summarized as that …

Breaking; Two Judge Bench (SC) Lets off Rapist with the 'sentence already undergone' citing a Judgment which was held as 'no longer a precedent' by Three Judge Bench [Read Jt]
10 years ago

Breaking; Two Judge Bench (SC) Lets off Rapist with the 'sentence already undergone' citing a Judgment which was held as 'no longer a precedent' by Three Judge Bench [Read Jt]

Live Law  

A two Judge Bench of the Supreme Court in Ravindra Vs State of MP, while upholding the conviction of an accused in a Rape Case, sentenced him to the 'sentence already undergone' by reducing the mandatory minimum sentence for Rape. ", the Bench relied on Justice Katju's infamous Judgment in Baldev Singh vs. State of Punjab which was held " …

Breaking; Two Judge Bench (SC) Lets off Rapist with the 'sentence already undergone' citing a Judgment which was held as 'no longer a precedent' by Three Judge Bench [Read Jt]
10 years ago

Breaking; Two Judge Bench (SC) Lets off Rapist with the 'sentence already undergone' citing a Judgment which was held as 'no longer a precedent' by Three Judge Bench [Read Jt]

Live Law  

A two Judge Bench of the Supreme Court in Ravindra Vs State of MP, while upholding the conviction of an accused in a Rape Case, sentenced him to the 'sentence already undergone' by reducing the mandatory minimum sentence for Rape. ", the Bench relied on Justice Katju's infamous Judgment in Baldev Singh vs. State of Punjab which was held " …

Question of granting bail does not arise: Karnataka High Court to Jayalalithaa, Also dismisses plea for suspension of sentence [Read the Order]
10 years, 5 months ago

Question of granting bail does not arise: Karnataka High Court to Jayalalithaa, Also dismisses plea for suspension of sentence [Read the Order]

Live Law  

Dismissing the appeals filed under S. 389 of CrPC by Jayalalithaa before the Karnataka High Court, Justice A.V.Chandrashekara today ordered that the question of granting bail to the accused doesn't arise.Jayalalithaa had approached the High Court after being convicted by a Special Court in a DA case. Dismissing the appeals filed under S. 389 of CrPC by Jayalalithaa before the …

Question of granting bail does not arise: Karnataka High Court to Jayalalithaa, Also dismisses plea for suspension of sentence [Read the Order]
10 years, 5 months ago

Question of granting bail does not arise: Karnataka High Court to Jayalalithaa, Also dismisses plea for suspension of sentence [Read the Order]

Live Law  

Dismissing the appeals filed under S. 389 of CrPC by Jayalalithaa before the Karnataka High Court, Justice A.V.Chandrashekara today ordered that the question of granting bail to the accused doesn't arise.Jayalalithaa had approached the High Court after being convicted by a Special Court in a DA case. Dismissing the appeals filed under S. 389 of CrPC by Jayalalithaa before the …

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