IMPORTANT POINT
Proceedings under PC Act should not be quashed or stayed merely on ground of an error, omission or irregularity in the sanction granted by the authority unless such error, omission or irregularity has resulted in failure of justice

JUDGMENT :

R. Banumathi, J.

Leave granted.

2. 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”.

3. Brief facts which led to filing of this appeal are that a complaint was made to the Superintendent of Police, Mizoram, Aizawl against the accused/respondent on 17.02.2009 by the President of PRISM alleging misappropriation/mismanagement of public money. On the basis of the complaint, the Superintendent of Police, ACB conducted an inquiry and submitted its report on 21.08.2009 with a request for registration of ACB case against the accused/respondent. During inquiry, it was detected that the respondent has acquired his valuable assets disproportionate to known sources of income. On receipt of the inquiry report and after taking the approval of the Government of Mizoram, Vigilance Department, ACB Case No.3 of 2009 under Section 13(1)(c)(d)(e) read with Section 13(2) of Prevention of Corruption Act, 1988 (PC Act) and Section 409 IPC was registered against the accused/respondent.

4. Charge sheet No.6 of 2013 was filed under Section 409 IPC and Section 13(1)(c)(d)(e) read with Section 13(2) of PC Act. The Special Court, PC Act found that the prosecution sanction against the accused/respondent was issued by the Commissioner- Secretary, Department of Personnel & Administrative Reforms (DP & AR) directly without sanction of the Governor. 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.

5. Subsequently, after due consideration 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. 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.

6. The learned Judge, Special Court vide order dated 26.08.2014 dismissed SR (PCA) No.8 of 2014 holding that there is no provision/scope for review of its own order under Criminal Procedure Code. 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.

7. 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 High Court also held that the revision petition against the order dated 12.09.2013 is barred by the limitation and there is no proper explanation by the State as to the delay in filing the revision petition.

8. We have heard learned counsel for the appellant and the respondent and perused the impugned judgment and other materials placed on record.

9. In ACB P.S.C./No.3/2009 under Section 13(1)(c)(d)(e) read with Section 13(2) of PC Act, the prosecution sanction was accorded against the respondent vide order dated 08.04.2013 by the Commissioner-Se