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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Sambit Kumar – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. application challenging the legality of cognizance. (Para 1 , 2) |
| 2. court reviews evidence and witness statements. (Para 3 , 6 , 7) |
| 3. parties argue about the evidence and involvement. (Para 4 , 5) |
| 4. no evidence for involvement and need for sanction. (Para 8 , 9) |
| 5. the order of cognizance is set aside. (Para 10 , 11) |
JUDGMENT :
R.K. PATTANAIK, J.
1. Instant application under Section 482 Cr.P.C. is filed by the petitioner challenging the legality of the impugned order of cognizance dated 6th September, 2010 (Annexure-2) passed in G.R. Case No.495 of 2010 by the learned S.D.J.M. Bargarh on the grounds inter alia that there is no evidence on record to sustain any charge against him that apart no sanction was obtained in term of Section 197 of Cr.P.C. besides the fact that there is no material to even remotely suggest any kind of his involvement vis-a-vis the alleged incident.
2. In fact, a plain paper F.I.R. was drawn by the IIC, Town P.S. Bargarh on receiving reliable information regarding disposal of a stolen Travera vehicle and in that connection, P.S. Case No. 175 (4) dated 5th July, 2010 was registered under Section(s) 379,411 & 414 read with 34 IPC which corresp
A cognizance order may be quashed if there is a total absence of evidence against a petitioner, particularly when no sanction under Section 197 of the Cr.P.C. has been obtained.
Public servants cannot be prosecuted for acts done in official capacity without prior sanction under Section 197 Cr.P.C., and cognizance taken in such instances is void.
Prior sanction under Section 197 Cr.P.C. is essential for prosecuting public servants for acts performed in their official capacity, ensuring protection against vexatious legal proceedings.
A public servant's actions performed in the course of official duties may not require sanction for prosecution if the alleged offences are unrelated to those duties.
Prosecution of public servants for actions in official duty requires prior sanction under Section 197 Cr.P.C., necessitating clear evidence of involvement in fraud for cognizance to stand.
The court emphasized that the procedure for proceeding against a police officer under Section 29 of the Police Act must be in conformity with the provisions of the Act and related regulations, and th....
Sanction under Section 197 Cr.P.C. is essential for prosecuting public servants; proceedings lacking it are invalid.
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