STATE OF MIZORAM Vs. DR. C. SANGNGHINA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of the order dated 13.08.2015 passed by the High Court of Assam in Criminal Revision Petition No.6 of 2014 in and by which the High Court affirmed the order of the Special Court declining to take on file the charge sheet filed under Section 13(1)(c)(d)(e) read with Section 13(2) of Prevention of Corruption Act, 1988 on the ground that it was barred under the principles of "double jeopardy".

(3.) Brief facts which led to filing of this appeal are that a complaint was made to the Superintendent of Police, Mizoram, Aizawl against the accused/respondent on 17.02.2009 by the President of PRISM alleging misappropriation/mismanagement of public money. On the basis of the complaint, the Superintendent of Police, ACB conducted an inquiry and submitted its report on 21.08.2009 with a request for registration of ACB case against the accused/respondent. During inquiry, it was detected that the respondent has acquired his valuable assets disproportionate to known sources of income. On receipt of the inquiry report and after taking the approval of the Government of Mizoram, Vigilance Department, ACB Case No.3 of 2009 under Section 13(1)(c)(d)(e) read with Section 13(2) of Prevention of Corruption Act, 1988 (PC Act) and Section 409 IPC was registered against the accused/respondent.