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2005 (10) TMI 594 - SC - Indian LawsInterpretation of Section 300 of the CrPC - Demand for illegal gratification - cognizance of an offence u/s 7 of the Prevention of Corruption Act, 1988 ("the Act") - Validity of sanction obtained - HC allowed the first application, when an accused faces a full-fledged trial, having regard to the provisions of the Code, the Trial Court must either record a judgment of conviction or acquittal and the accused cannot be discharged in terms of Section 227 of the Code after a full-fledged trial - In the second matter, the High Court was of the opinion that no fresh trial is permissible in law - HELD THAT:- It is not possible to agree with the decision of the High Court that the Trial Court was bound to record either a judgment of conviction or acquittal, even after holding that the sanction was not valid. We have noticed hereinbefore that even if a judgment of conviction or acquittal was recorded, the same would not make any distinction for the purpose of invoking the provisions of Section 300 of the Code as even then, it would be held to have been rendered illegally and without jurisdiction. However, we are of the opinion that the interest of justice shall be sub-served if while allowing these appeals and setting aside the judgments of the High Court, the trial court is requested to dispose of the matters at an early date preferably within six months from the date of communication of this order, subject, of course, to rendition of all cooperation of the Respondents herein. In the event, the trial is not completed within the aforementioned period, it would be open to the Respondents to approach the High Court again. These appeals are disposed of with the aforementioned directions. No costs.
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