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ANIL KUMAR CHOUDHARY
Shyam Sunder Singh, S/o. Late Bhuvneshwar Prasad Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard the parties through Video Conferencing.
2. Learned counsel for the petitioners submits that so far as the Cr. M.P. No. 395 of 2008 is concerned, in view of the subsequent development in the case, and challenges made in Cr. M.P. No. 547 of 2010 by same petitioners in respect of the same case, the prayer made in Cr. M.P. No. 395 of 2008 has become infructuous. In view of the submission made by the learned counsel for the petitioner, Criminal Miscellaneous Petition No. 395 of 2008 is dismissed as infructuous.
3. So far as Cr. M.P. No. 547 of 2010 is concerned, it is submitted by learned counsel for the petitioners that originally the criminal miscellaneous petition was filed with the prayer to quash the order dated 18.12.2009 passed by learned Special Judge, Vigilance, Ranchi in Special Case No. 6A of 1999 arising out of Vigilance P.S. case no. 29 of 1999 whereby and whereunder, even after acceptance of the final form, learned Special Judge ordered for further investigation in the case. It is next submitted by learned counsel for the petitioners that during pendency of the case, charge sheet was submitted and Sanction for prosecution, which earlier was refused by the com
Errors in sanction for prosecution can be raised during trial, and further investigation is permissible under Section 173(8) of Cr.P.C.
Cognizance cannot be taken twice for the same offence, and prosecution sanction is mandatory for public servants under the Prevention of Corruption Act.
Repeated litigation on issues already settled by the court constitutes an abuse of process, reinforcing the validity of prior rulings on matters like sanction for prosecution.
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