Considering S. 390 CrPC, the appellate court in an appeal against acquittal may/can even suspend the order of acquittal/discharge passed by the appellate court and, therefore, Supreme Court can suspend the judgment and order passed by High Court acquitting/discharging the accused. Section 45 in The Unlawful Activities (Prevention) Act, 1967 states –“No court shall take cognizance of any offence under Chapter III without the previous sanction of the Central Government or any officer authorised by the Central Government in this behalf.” In the instant case, the learned trial Court, by a detailed judgment and order and on appreciation of the entire evidence on record, convicted the accused for the offences punishable under Sections 13, 18, 20, 38 and 39 of Unlawful Activities (Prevention) Act, 1967 read with Section 120-B of the IPC. On appeal High Court discharged the appellant on the ground that the sanction to prosecute those accused was vitiated. There was no sanction the day on which the trial court took cognizance and even framed the charge. In addition to the vice of no sanction, it was invalid sanction as there was non-application of mind on the part of the sanctioning/review authority inasmuch as some material was not before the authority and no reasons were assigned while granting the sanction. Held, the impugned judgment and order passed by the High Court is required to be suspended till further orders.

 

State of Maharashtra v. Mahesh KarimanTirki, (2022) 10 SCC 207]

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