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

‘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”.