Sailendra Kumar Samal vs State Of Odisha (Vigilance)
2023 Latest Caselaw 2231 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    CRLMC No.2742 of 2018

            Sailendra Kumar Samal                        ....            Petitioner
                                                         Mr. S. Sourav, Advocate
                                           -versus-
            State of Odisha (Vigilance)                  ...           Opposite Party
                                                          Mr. N. Maharana, ASC

            CORAM:
            THE CHIEF JUSTICE
                                          ORDER

Order No. 17.03.2023

07. 1. Learned counsel for the Petitioner insists that cognizance could not have been taken without sanction for prosecuting the Petitioner, who at the relevant time was a Government servant, not just for the offence under Section 13(1)(d) of the of the Prevention of Corruption Act, 1988 but for also IPC offences. In this regard, he relies on the judgment of the Supreme Court of India in Surinderjit Singh Mand v. State of Punjab, (2016) 8 SCC 722.

2. Learned Additional Standing Counsel for the Vigilance Department, on the other hand, refers to a judgment of Three- Judge Bench of the Supreme Court of India in Satyabrat Gupta v. State of Jharkhand, 2020 79 OCR (SC) 728.

3. Both learned counsel for the parties will file their respective notes of submissions before the next date.

4. List for hearing on 5th July, 2023 before the roster Bench. The interim order passed earlier shall continue till then.

(Dr. S. Muralidhar) Chief Justice

M. Panda