Bichitrananda Tripat v. Sarojini Biswal

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1658 of 2012 Bichitrananda Tripathy and others ....

Petitioners Proxy counsel on behalf of Mr. P.S. Nayak, Advocate -versusSmt. Sarojini Biswal ....

Opposite Party Mr. Ishwar Mohanty, A.S.C. for the State M/s. S.R. Mohapatra, Advocate and associates for the O.P.

CORAM:

THE CHIEF JUSTICE Order No.

ORDER

04.11.2022 07.

1. Despite adjournments being granted on 24th June, 5th August, and 26th August 2022, learned counsel for the State is unable to inform the Court whether sanction has been accorded by the State for prosecution of the Petitioners.

2. It is pointed out by the learned counsel appearing for Opposite Party No.2 that in terms of the explanation to Section 197 (1) of Cr.P.C., no previous sanction shall be required whether the offence against the public servant is inter alia under Section 354 IPC. The present case is one where cognizance has been taken against the Petitioners for that offence.

3. Consequently, the Court sees no reason to interfere at this stage. The CRLMC is dismissed. The interim order passed earlier stands vacated. A copy of this order be communicated to the concerned trial court forthwith.

(Dr. S. Muralidhar) Chief Justice S.K. Guin