Trial in Special CBI court.

US Prajapati (Querist) 21 July 2011 This query is : Resolved
Clarification

1. Case detail: Criminal proceedings in Special CBI court under
clauses: 120B r/w 420 IPC and Sec13 of PCA

2. Sanction of prosecution: Issued
3. Status of the case: Charges framed

What are the possibilities of out come of case or CBI action , based
on legal course and various SC decisions in following conditions.

1. At the beginning (trial just started) ,it is proved that Prosecution Sanction is not valid.
2. During middle of the trial, it is proved that Prosecution Sanction is not valid
At the beginning (trial just started) ,it is proved that Prosecution Sanction is not valid
(i) Now as the sanction is not valid then the court is also not competent to take cognizance of the charge sheet but cognizance has already been taken by the judge.
(ii) Now as the judge is not competent then whether he can close the proceedings and award the judgment.
(iii) Now what type of judgment is possible at this stage.(Discharge).
(iv) In spite of invalid sanction ,whether the judge can carry on hearing ?
(v) But once judge is incompetent then how he can continue hearing and whether his judgment will be valid in the end of the trial .
(vi) Whether CBI can with draw the case in between and resubmit the charge sheet with revised sanction.
(vii) In case hearing is complete then what type of judgment is possible as given below.
• The accused may be acquitted or convicted
• But in absence of valid sanction, how judge will give such judgment because was not competent to hear the case.
• He may discharge the accused on the basis of invalid sanction
• In case of above condition, whether CBI can file fresh charge sheet with revised sanction
• As the trial is already completed then how the re trial of the case is possible
• As the sanction was not valid ,whether CBI can go for appeal to High Court but under what plea

Relevant citations, SC/HC case nos may be given

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