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IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Nruparaj Sahu – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. initial case details and alleged offences (Para 1 , 3 , 4) |
| 2. sanction under section 197 cr.p.c. required (Para 5 , 6 , 7) |
| 3. case law on official duty and necessity of sanction (Para 8 , 9 , 10 , 11) |
| 4. counterarguments regarding allegations of conspiracy (Para 12 , 13) |
| 5. validity of adoption and issuance of caste certificate (Para 14 , 15 , 16) |
| 6. protected under section 197 due to official duty (Para 19) |
| 7. conclusion - order set aside (Para 20) |
JUDGMENT :
1. This application under Section 482 Cr.P.C. has been filed by the petitioner praying for quashing of the order dated 02.05.2015 passed by the learned J.M.F.C., Saintala in G.R. Case No.192 of 2012 corresponding to Saitala P.S. Case No.123 of 2012 taking cognizance of the offences punishable under Sections-420/467/468/471/477-A/120-B of the IPC in so far as the petitioner is concerned. By the impugned order, cognizance of offences has been taken against the petitioner and six others for various other offences without there being a valid sanction from the competent officer against the petitioner.
3. The prosecution story in the present case is that on 09.08.2012, the opposite party No.2 vide its office letter bear
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