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Head Note

Indian Penal Code,1860  - Section 285 , Section 286 , Section 304

Explosive Substances Act, 1908 - Sections 7 and 3 to 6 - Criminal trial - Accused discharged for want of sanction of Authority - Sanction obtained after 3 years and produced before Court - It is open to prosecution to start prosecution afresh - Accused dealing on explosive material - Premises caught fire due to negligence of accused wherein 14 person burnt to death and injuring many others - Charge-sheet submitted - Court discharging the under Explosive Act for want of sanction under 7 of the Act and Charge framed under Sections 285, 286, 384 Indian Penal Code - Sanction of Authority obtained subsequent to discharge and produced before Court after about 3 years - It is open to prosecution to start prosecution afresh after obtaining sanction.

Topic(s)-

Important Decision(s)- It is open to prosecution to start prosecution afresh after obtaining sanction.