In Brief
The State of Mizoram appealed after a Special Court and High Court refused to take cognizance of a fresh charge sheet against a public servant, holding it was barred by double jeopardy principles. The accused was initially discharged because the first prosecution sanction was issued by a non-competent authority. The Governor later issued a valid sanction. The Supreme Court held that double jeopardy does not apply when an accused is discharged before trial for procedural defects. A fresh charge sheet with valid sanction can proceed. The Court set aside the lower court orders and directed the Special Court to take cognizance and proceed with the trial.
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