Taking Cognizance without sanction after asking CBI to file sanction Order does not amount to Review; SC
The Supreme Court has observed that, an order of a Court refusing to summon the accused for want of sanction, and thereby directing the prosecution to file sanction orders, does not amount to ‘final order’, but only a ‘deferment’. The ApexCourt, observing that Section 362 of CrPC debars the Court from altering or reviewing the judgment only in those cases when it has signed its judgment or when it has passed final order disposing of a case, said “, the Trial Court on the earlier occasion had simply deferred taking cognizance under the impression that the sanction under Section 19 of the PC Act is required. Vide order dated 13.09.2012 passed by the Trial Court earlier, it had merely asked the Investigation Officer to file sanction orders against A4 to A8 and deferred the order of cognizance against them. However, when the Investigation Officer brought to its notice, on the subsequent date, that no such sanction was required, the Trial Court finding it to be correct position in law took cognizance.
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