2 26.02.2021 Heard Mr Gouri Mohan ... vs Unknown
2021 Latest Caselaw 2927 Ori

Citation : 2021 Latest Caselaw 2927 Ori
Judgement Date : 26 February, 2021

Orissa High Court

2 26.02.2021 Heard Mr Gouri Mohan ... vs Unknown on 26 February, 2021

CRLMC No. 167 OF 2021

02 26.02.2021 Heard Mr Gouri Mohan Rath, learned counsel for the
petitioner and Mr. Niranjan Moharana, learned Additional Standing
Counsel (Vigilance).
This is an application under section 482 Cr.P.C. challenging
the order dated 18.02.2016 passed by learned Special Judge
(Vigilance), Cuttack in T.R. Case No. 10 of 2016 arising out of
V.G.R. No. 44 of 2010.
Mr Gouri Mohan Rath, learned counsel for the petitioner
during the course of hearing to buttress his submission has
referred to the decision in CRLREV No. 883 of 2019 disposed of on
30.07.2020.
Mr. Niranjan Moharana, learned Additional Standing
Counsel (Vigilance) on the otherhand has drawn the attention to
the decision reported in 2020(2) SCC 153 and judgment in CRLMC
No. 759 of 2020 decided on 25.01.2021. He contended that since
the offence is under sections 468, 420 & 120B of IPC, no sanction
of the competent authority is required for prosecution against the
petitioner.
The aforesaid submission is stoutly contested by Mr Gouri
Mohan Rath, learned counsel for the petitioner.
The matter shall be taken on 26.03.2021 for further
hearing. Learned counsel for the parties are requested to submit
their notes of submissions exchanging copies thereof with each
other.
Urgent certified copy of the order may be supplied on proper
application.
.........................
P. Patnaik, J.

dutta