Orissa High Court
State Of Orissa vs Trilochan Pradhan on 26 August, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLLP No.131 of 2004
State Of Orissa ..... Appellant
Represented By Adv. -
Mr. Sangram Das (sc.
Vig.)
-versus-
Trilochan Pradhan ..... Respondent
Represented By Adv. -
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
26.08.2025
Order No.
06. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard Mr.Sangram Das, learned Standing Counsel
for Vigilance department. Perused the CRLLP Petition as
well as the prayer made therein.
3. The present CRLLP Petition has been filed under
section 378 of Cr.P.C. by the Petitioner-State through
Vigilance department seeking leave to prefer an appeal
against the judgment of acquittal dated 29.09.2004 passed
in T.R.Case No.03 of 1993 by the learned Special Judge,
Vigilance, Bhubaneswar.
4. Learned counsel for the Petitioner at the outset
contended that the accused-Opposite Parties faced trial for
commission of an alleged offence punishable under
sections 13(2) read with Sec. 13(1)(C) of the Prevention of
Corruption Act, 1988 and Section 120-B, 409, 468, 471 and
477-A of the Indian Penal Code. He further contended that
on the basis of the allegations made in the F.I.R., in the
year 1993 the accused faced trial. Learned trial court after
conclusion of the trial by the impugned judgment has been
pleased to acquit the accused persons as they were not
found guilty of the alleged offences.
5. Being aggrieved by the said judgment of acquittal, the
State-Petitioner has approached this Court by filing the
present application seeking leave to prefer appeal against
the judgment of acquittal.
6. In course of his argument, learned Standing Counsel
for Vigilance department contended that there are various
grounds to prefer an appeal against the judgment of
acquittal. He further submitted that there are many errors
and infirmities in the impugned judgment. Accordingly, the
Vigilance Department has taken a decision to prefer appeal
against the judgment of acquittal.
7. On perusal of the impugned judgment of the learned
Special Judge, Vigilance, Bhubaneswar dated 29.09.2004;
this Court observes that after a threadbare discussion of the
evidence on record, learned trial court has concluded that
the prosecution has failed to prove its case beyond all
reasonable doubt. Additionally, it has also been held that
the sanction order submitted by the prosecution suffers
from legal infirmities. Therefore, it has been categorically
held that the sanction order produced before the Court by
the Prosecution cannot be considered as a valid sanction
order under section 19(1) of the P.C. Act. Since the prior
sanction is necessary from the competent authority to make
the accused persons face the trial and to take cognizance
of the offence by the trial court under the provisions of
P.C.Act, the absence of such valid sanction renders the
entire trial is a nullity in the eye of law.
8. Mr.Das, learned Standing Counsel for the Vigilance
Department on the other hand laid emphasis on Ground 'B'
of the appeal memo. He further submitted that such ground
has not been duly considered by the learned trial court
while acquitting the Respondent-Opposite Party. On a close
scrutiny of the ground 'B' mentioned in the leave petition,
this Court is of the view that the order of sanction is
disputed and it is the settled position of law that in absence
of valid sanction the trial cannot proceed against the
Opposite Party.
9. With the aforesaid observation coupled with the fact
that more than two decades have passed in the meantime,
the leave Petition filed by the Vigilance Department does
not deserve consideration and no leave can be granted
after expiry of such a long period. In such view of the
matter, this Court has no hesitation to reject the leave
petition.
10. Accordingly, the CRLLP stands dismissed.
( A.K. Mohapatra)
Judge
RKS
Digitally Signed Page 3 of 3.
Designation: AR-CUM-Senior Secretary
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 26-Aug-2025 18:36:08
