Debendra Chandra Khuntia vs State Of Orissa (Vigilance)
2022 Latest Caselaw 7258 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CRLMC No.315 of 2019
        Debendra Chandra Khuntia                    ....              Petitioner
                                          Mr. Milan Kanungo, Senior Advocate

                                          -Versus-

        State of Orissa (Vigilance)                  ....        Opposite Party
                                      Mr. Niranjan Moharana, ASC for Vigilance
                   CORAM:
                   MR. JUSTICE R.K. PATTANAIK

                                         ORDER

Order                                   09.12.2022
No.
08.     1        Heard Mr. Kanungo, learned Senior Advocate for the

petitioner and Mr. Moharana, learned ASC for the Vigilance Department.

2. A citation of Andhra High Court in G. Audiseshaiah Vrs. State of A.P. decided in Criminal Revision Case No.2042 of 2006 and disposed of on 27th August, 2014 is relied upon by Mr. Moharana, learned counsel for the Vigilance Department to contend that once sanction is granted for vigilance prosecution, it cannot be revoked and therefore, the learned court below in the present case rightly proceeded notwithstanding such revocation. The said judgment be kept on record.

3. Hearing is concluded. Order is reserved.

4. Mr. Kanungo, learned Senior Advocate submits that such a revocation of sanction is permitted on the strength of fresh materials which is objected to by Mr. Moharana, learned counsel for the Vigilance Department on the ground that it is a trap case and no such material as above was brought to the notice of the authority at the time of consideration of sanction and could not have been taken cognizance of for the purpose of revocation.

5. Interim order passed by this Court shall remain in force till delivery of judgment.

(R.K. Pattanaik) Judge

TUDU