criminal trial
Querist :
Anonymous
(Querist) 30 June 2011
This query is : Resolved
A criminal trial is pending ina CBI court.
Charges have been formed.Prosecution sanction has been obtained by CBI.
QUERY
1.During trial it is proved that sanction is not valid as it was not issued by competent authority.
2.Few witnesses have deposed.
In this case what is the possibility as raised below.
(a) Whether after trial is completed,the trial judge will give aquittal or conviction.
(b) Whether CBI can produce fresh sanction
from competent authority and a fresh trial can be started.
(c) As the trial has been already completed then whether fresh trial is possible
(d)Whether the trial judge can discharge the accused without completing the hearing.
(e) As sanction is not valid,then the trial judge is not competent to hear the case then how the trial judge can give judgement like aquittal or conviction after completing trial.
(f)In case he is aquitting the accused after completing trial based on invalid sanction thenwhat further step is possible by CBI as CBI may challenge the verdict as the judge was not competent to hear the case.
(g)In case trial is closed in mid way due to invalid sanction ,issued under rule19 of PCA, then what is next possible step by CBI
(h)Under these circustances,what is the course of action to be followed by accused. Kindly give SC/HC citations
Ajay Bansal
(Expert) 01 July 2011
C.B.I. can obtain freash sanction before compleating of case in trrial court,but if accused desire for re-evidence,then court will have to conduct all trial again.However if proper sanction is not seeked by C.B.I. before final judgement,then accused will be aquitted definatly by court and then as per section 362 Cr.P.C. case file can not be opened by trial court.
