SUKUMAR PANIGRAHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The facts of both the aforesaid criminal misc. cases are interlinked and connected or continuation of the same incident, hence, both the cases are heard together and disposed of by this common judgment.

(2.) Criminal Misc. Case No. 134 of 1998 is filed challenging the order dated 19-9-97 passed by the sub-divisional Judicial Magistrate, Phulbani in ICC case No. 28 of 1997 holding that there is sufficient ground to proceed against the petitioner with regard to commisssion of the alleged offence and the petitioner is not entitled to the protective umbrella provided under Section 197 of the Code of Criminal Procedure.

(3.) The sole point which needs determination in the said case is as to whether the petitioner who was admittedly holding the post of Superintendent of Police and was posted at Phulbani at the releant time can be proceeded against in absence of a sanction as required under Section 197, Cr. P.C. For effectively answering the said question, it is necessary to dwelve into the facts of the case.