Rabinarayan Nanda vs State of Orissa

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Ori) 714

IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Rabinarayan Nanda – Appellant
Versus
State of Orissa – Respondent

Advocates Appeared:
For the Petitioner:Mr. P. Panigrahi, Advocate
For the Opposite Party : Mr. Sk. Zafrulla, ASC

Table of Content
1. challenge to the order of cognizance. (Para 1)
2. claim of illegality due to lack of sanction. (Para 2)
3. details of the alleged incident. (Para 3)
4. court proceedings and history. (Para 4 , 5)
5. argument regarding necessity of sanction. (Para 6)
6. reference to f.i.r. related to incident. (Para 7)
7. discussion on necessity of sanction under section 197. (Para 8)
8. criteria for public servant’s protection. (Para 9)
9. finding of necessity of sanction in current case. (Para 10)
10. conclusion to set aside the order of cognizance. (Para 11 , 12)

JUDGMENT :

1. Instant petition under Section 482 Cr.P.C. is filed by the petitioner assailing the order of cognizance dated 8^th October, 2005 (Annexure-2) passed in I.C.C. Case No.39 of 2011 by the learned J.M.F.C., Bhuban on the ground that the same is illegal, perverse and without any sanction being obtained in terms of Section 197 Cr.P.C. and therefore, it is liable to be interfered with and set aside.

3. A copy of the complaint filed by OP No.2 is at Annexure-1 describing therein the alleged occurrence dated 14^th October, 2011 at about 10 am inside the PS. The circumstances under which the incident happened have been elabor