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IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
Ashok Kumar Das – Appellant
Versus
State of Odisha (Vig.) – Respondent
| Table of Content |
|---|
| 1. allegations of corruption in a public project. (Para 1 , 2 , 3 , 4) |
| 2. arguments for dismissing charges due to procedural delays. (Para 5 , 6) |
| 3. court's observations on the implications of procedural delays. (Para 7 , 8 , 12 , 13) |
| 4. need for sanction and implications of delay in cognizance. (Para 9 , 10 , 11 , 14) |
| 5. court quashes cognizance orders for lack of prosecution merit. (Para 15 , 16) |
JUDGMENT :
1. The legality, propriety and correctness of the orders dated 02.04.2025 and 04.09.2024 passed by the learned Special Judge, Vigilance, Baripada in the above referred cases. This batch of Criminal Revisions i.e. CRLREV No. 326 of 2025 (Ashok Kumar Das & Pravat Kumar Mishra; VGR 40/2003; impugned order 02.04.2025), CRLREV No. 366 of 2025 (Ramesh Chandra Tripathy & Pravat Kumar Mishra; arising out of VGR No. 30/2003; impugned order 02.04.2025), CRLREV No. 371 of 2025 (Gajendra Mishra; VGR 40/2003; impugned order 02.04.2025), CRLREV No. 372 of 2025 (G. Vishnu Vardhan Rao; VGR 32/2003; impugned order 02.04.2025), CRLREV No. 373 of 2025 (Ramesh Chandra Tripathy & Pravat Kumar Mishra; VGR 32/2003; impugned order 02.04.2025) , and CRLREV No. 670 of 2024 (Ramesh Chandra Tri
Prosecution under Prevention of Corruption Act necessitates timely sanction even post-retirement; undue delay and absence of valid sanction undermine the right to a fair trial.
The absence of prior sanction for prosecution and inordinate delay in proceedings violate the right to a speedy trial, rendering the case against the petitioner unsustainable.
Public servant needs protection from prosecution under IPC only if acts are connected to official duties; lack of nexus and undue delay infringes the right to a speedy trial.
(1) Once a particular set of facts is examined by Central Vigilance Commission whereafter it reaches conclusion that on the basis of material put up before it, no criminal offence is made out against....
: Grant of sanction for prosecution of a public servant is not an idle formality but same is a mandatory requirement of law.
Sanction for prosecution of public servants must reflect independent assessment; repeated refusals by the authority, absent new evidence, undermine legitimacy of prosecution.
The requirement of prior sanction for prosecution under Sec.19 PC Act applies at the time of taking cognizance of the offence, and the intent behind the provision is to protect public servants from m....
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