https://www.taxtmi.com/caselaws?id=309392 A fresh prosecution was not barred where the earlier criminal proceedings had been quashed as void for want of mandatory sanction and lack of jurisdiction to take cognizance. A proceeding without the required sanction was not a trial by a court of competent jurisdiction, so section 403(1) of the Code of Criminal Procedure, 1898 did not apply because there had been no prior valid conviction or acquittal remaining in force. Article 20(2) of the Constitution also did not apply, as the earlier null proceedings did not amount to a prosecution and punishment for the same offence more than once. The mandatory sanction requirement could not be displaced by provisions dealing with cognizance or irregular trials. en-us Wed, 13 Feb 1957 00:00:00 +0530 Wed, 30 Aug 2023 13:11:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309392 A fresh prosecution was not barred where the earlier criminal proceedings had been quashed as void for want of mandatory sanction and lack of jurisdiction to take cognizance. A proceeding without the required sanction was not a trial by a court of competent jurisdiction, so section 403(1) of the Code of Criminal Procedure, 1898 did not apply because there had been no prior valid conviction or acquittal remaining in force. Article 20(2) of the Constitution also did not apply, as the earlier null proceedings did not amount to a prosecution and punishment for the same offence more than once. The mandatory sanction requirement could not be displaced by provisions dealing with cognizance or irregular trials. Case-Laws Indian Laws Wed, 13 Feb 1957 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309392