ANANTA CHARAN PRASAD Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN the present application under Section 482 Cr.P.C. the petitioner-Ananta Charan Prasad has sought for quashing of the order dated 03.11.2010 passed by the learned Special Judge (Vigilance), Bolangir in C.T.R. No.19/113 of 2007, whereby, the learned Special Judge (Vigilance) has framed charges against the petitioner under Section 13(2) read with Section 13(1)(c)(d) of the Prevention of Corruption Act, 1988 and Section 477-A/409 of the INdian Penal Code.

(2.) LEARNED counsel for the petitioner challenged the said order, inter alia, on the ground that prior "sanction" as required under Section 19 of the Prevention of Corruption Act, has not been obtained and further, the petitioner had deposited the alleged misappropriated amount of Rs.2 lakhs and due to mistake, the same had not been properly reflected in the cash book. In this respect, learned counsel for the petitioner placed reliance on the judgments of the Hon'ble Supreme Court in the case of Rakesh Kumar Mishra v. State of Bihar and others, 2006(1)SCC 557 and State of Orissa v. Ganesh Chandra Jew, (2004)8 SCC 40.