2023 (9) TMI 1483 - SCH - Indian Laws

Lack of appropriate sanction of failure of justice - validity of sanction under Section 227 CrPC. It was held by High Court that permitting the respondent to launch criminal prosecution afresh would be an abuse of process of law, since the petitioner will be deprived of speedy trial guaranteed under Article 21 of the Constitution of India for no fault of him. HELD THAT - Issue notice. List after eight weeks.

Summary

The Supreme Court condoned delay, allowed exemption from filing O.T., and issued notice in a case involving a discharge application under Section 227 CrPC where the issue of validity of sanction was raised. Counter affidavit to be filed within four weeks, rejoinder within two weeks, and case listed after eight weeks.