Issue Of Invalidity Of Sanction To Be Raised During Trial, Not At Stage Of Discharge Application: SC [Read Judgment]

Ashok Kini

28 Sept 2019 1:09 PM IST

  • Issue Of Invalidity Of Sanction To Be Raised During Trial, Not At Stage Of Discharge Application: SC [Read Judgment]

    "The absence of sanction no doubt can be agitated at the threshold but the invalidity of the sanction is to be raised during the trial."

    The Supreme Court has held that though the absence of sanction can be agitated during stage of discharge application, but the issue of invalidity of the sanction is to be raised during the trial.In this case, the Special Court as well as the High Court, while allowing the plea of discharge filed by the accused had held that the sanction for prosecution is not done in accordance with law. The...

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