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mala (officer)     06 July 2013

Mandatory procedure and sanction

As is admitted that any investigating agency has to follow the mandatory procedure laid down under the law, Hence in a case pertains to PC Act 1988 the agency has to send a forwarding letter accompanied by a forwarding certificate to the CFSL mentioning therein the Case No and other details Hence if in a case a certificate issued by the authority does not contain the case no to which it belongs then the sanction obtained from the competent authority becomes invalid sanction and the accused will get acquitted for details see KC Singh judgement of Delhi High Court  If you have any other points regarding invalid sanction such as the sanctioning authority was not summoned as witness in the trial court and the official who transcribed the conversation held in vernacular language do not understand that language has neither been summoned or examined whether they cmmitted an act of perjury. Complaint lodged on hearsay evidence. mere acceptance without any demand convicted or acquitted etc

 



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