JUDGMENT

V. R. KRISHNA IYER, J. :— Every litigation has a touch of human crisis and, as here, it is but a legal projection of lifes vicissitudes.

2. A complaint was filed by the Deputy Superintendent of Police, Vigilance (Directorate of Vigilance) Cuttack, against the appellant, the former Chief Minister of Orissa under S. 179. I.P.C., before the Sub-Divisional Judicial Magistrate, Sadar, Cuttack alleging offending facts which we will presently explain. There upon the Magistrate took cognizance of the offence and issued summons for appearance against the accused (Smt. Nandini Satpathy). Aggrieved by the action of the Magistrate and urging that the complaint did not and could not disclose an offence, the agitated accused-appellant moved the High Court under Art. 226 of the Constitution as well as under S. 401 of the Cr. P. Code, challenging the validity of the Magisterial proceeding. The broad submissions, unsuccessfully made before the High Court, was that the charge rested upon a failure to answer interrogations by the police but this charge was unsustainable because the umbrella of Art. 20 (3) of the Constitution and the immunity under S. 161 (2) of the Cr. P. Code were wide enoug