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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Nandakishore Pal – Appellant
Versus
State of Orissa (Vigilance) – Respondent
| Table of Content |
|---|
| 1. background of the case and allegations (Para 1 , 2) |
| 2. contentions of the parties regarding sanction and delay (Para 3 , 4) |
| 3. importance of sanction under the law (Para 5 , 14) |
| 4. distinction between pc act and crpc (Para 6 , 7 , 8 , 9) |
| 5. criteria for protection under section 197 crpc (Para 10 , 11) |
| 6. delay affecting the right to speedy trial (Para 12 , 13 , 15) |
| 7. court's decision to discharge the petitioner (Para 16) |
JUDGMENT :
1. This criminal revision U/S. 401 read with Section 397 of the Code of Criminal Procedure, 1973 (In short the ‘Cr.P.C.’) assails the order passed on 18.08.2014 by learned Special Judge, Vigilance, Cuttack in TR Case No. 213 of 2007 refusing to discharge the Petitioner for commission of the offences under IPC while discharging him for commission of offence under Prevention of Corruption Act, 1988 (in short, “PC Act”) in an application U/S. 239 of Cr.P.C.
On this incident, an FIR was lodged against the Petitioner and others which was registered vide Cuttack Vigilance PS Case No.05 of 1993 and the matter was investigated into. On completion of investigation, charge-sheet was filed against the Petitioner and 55 others for commission of offences
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.
Prior sanction is mandatory for prosecuting public servants under the Prevention of Corruption Act and Section 197 Cr.P.C.
Illegal gratification - Previous sanction necessary for prosecution - Granted sanction for prosecution not maintainable - Section 19 of P.C. Act empowers sanctioning authority to protect innocent pub....
Cognizance of offences against public servants requires prior government sanction under Sections 19 of the Prevention of Corruption Act and 197 of the Cr.P.C., even if the acts are alleged to be done....
The judgment established that the absence of sanction can be raised at the inception and at the threshold as it goes to the root of the matter. It also emphasized that the validity or illegality of t....
Prior sanction under Section 197 CrPC and Section 19 PC Act mandatory before directing investigation under Section 156(3) CrPC or registering FIR against public servant for official duty acts; absenc....
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