Signature Not Verified Brief facts which led to filing of this appeal are that a Digitally signed by MAHABIR SINGH companyplaint was made to the Superintendent of Police, Mizoram, Date 2018.10.30 153951 IST Reason Aizawl against the accused respondent on 17.02.2009 by the President of PRISM alleging misappropriation mismanagement of public money.
Subsequently, after due companysideration 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.
Being aggrieved by the order dated 26.08.2014 as well as the earlier order dated 12.09.2013, the State has preferred Criminal Revision Petition No.6 of 2014 before the High Court and the same was dismissed by the High Court affirming the order of the Special Court that the second charge sheet with fresh sanction cannot be entertained.
The Commissioner Secretary DP AR was number the companypetent authority to accord sanction for prosecution and the case came to be closed for want of proper sanction.
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.
After hearing the parties, the learned Judge, Special Court, PC Act by an order dated 12.09.2013, discharged the accused respondent from the charges levelled against him due to lack of proper sanction.
By its order dated 12.09.2013, Special Judge closed the criminal case arising out of ACB Case No.3 of 2009 under Section 13 1 c d e of the PC Act read with Section 409 IPC.
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.
Since the earlier sanction accorded was number by the companypetent authority, after due companysideration of the materials placed before him, the Governor accorded fresh sanction vide order dated 20.12.2013 in supersession of the earlier order dated 08.04.2013.
BANUMATHI, J. Leave granted.
This appeal arises out of the order dated 13.08.2015 passed by the High Court of Assam in Criminal Revision Petition No.6 of 2014 in and by which the High Court affirmed the order of the Special Court declining to take on file the charge sheet filed under Section 13 1 c d e read with Section 13 2 of Prevention of Corruption Act, 1988 on the ground that it was barred under the principles of double jeopardy.
