Ganeswar Kanhar vs State of Orissa

A.K. Parichha, J.—Copy of the petition has been served on learned Additional Standing counsel (Vigilance). Heard learned Counsel for the parties.

The petitioner has filed this petition u/s 482, Cr.P.C. to quash the order of cognizance dated 12.10.2007 passed by learned Special Judge (Vigilance), in Vigilance G.R. Case No. 4 of 2005 (T.R. No. 35 of 2007) as well as the summons issued to the petitioner in that case. Grievance of the petitioner is that after investigation, charge-sheet for the offence u/s 13(2) read with Section 13(1)(d) of the P.C. Act and Section 120-B, I.P.C. was never submitted against him because the appointing authority did not accord sanction for his prosecution and only a departmental proceeding was contemplated against him. But without properly perusing the charge-sheet and the connected papers, learned Special Judge (vigilance) took cognizance of the effence against him and also issued summons for his appearance)

Learned Additional Standing Counsel (Vigilance) opposes the prayer of the petitioner initially, but after going through the charge-sheet and other document admits that sanction was not accorded for prosecution of the present petitioner and therefore, he was not charge-sheeted as accused in the case.

When, the I.O. did not submit charge-sheet against the petitioner, the appointing authority did not accorded sanction for his prosecution, there was no scope for learned Special Judge (Vigilance) to take cognizance of the offences against the petitioner or issue summons for his appearance in the case as an accused. The order of cognizance taken against the petitioner and issue of summons to him are, therefore, quashed and CRLMC is allowed. UCC be granted on proper application.