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2010 Supreme(Mad) 1243

R.MALA
G. Nagarajan & Another – Appellant
Versus
State rep. by Deputy Supdt. Of Police, Vigilance & Anti-Corruption Special Cell, Salem – Respondent


Advocates Appeared:
For the Appellants :R. Sankarasubbu, Advocate.
For the Respondent:I. Paul Noble Devakumar, Govt. Advocate (Crl. Side).

7. A combined reading of sub-sections (3) and (4) makes the position clear that notwithstanding anything contained in the Code no finding, sentence and order passed by a Special Judge shall be reversed or altered by a court in appeal, confirmation or revision on the ground of the absence of, or any error, omission or irregularity in the sanction required under sub-section (1), unless in the opinion of that court a failure of justice has in fact been occasioned thereby.

8. Clause (b) of sub-section (3) is also relevant. It shows that no court shall stay the proceedings under the Act on the ground of any error, omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error, omission or irregularity has resulted in a failure of justice.

9. Sub-section (4) postulates that in determining under sub-section (3) whether the absence of, or any error, omission or irregularity in the sanction has occasioned or resulted in a failure of justice, the court shall have regard to the fact whether the objection could and should have been raised at any earlier stage in the proceedings.

10. Explanation appended to the section is also of significance. It pr





























































































































































































































































































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