SARAT CHANDRA ACHARYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Being seized with a case in which an advocate is facing prosecution under S. 419 / 109, I.P.C., the quashing of which has been prayed for in this petition, the learned single Judge desired that some issues of importance relating to the administration of justice may be decided by a larger Bench, and it is because of this that the matter is before us.

(2.) The issues involved are :

(3.) As the matter involved the entire legal profession, a notice was issued on the Bar Council of the State which has appeared through Shri Mukherjee who is being assisted by Shri Haraprasad Naik of Sambalpur bar. Shri B. H. Mohanty states that Cuttack Bar Association has also intervened in the matter. We have perused the affidavit filed by the Secretary of the Bar Council and heard learned counsel appearing for the Bar Council as well as Shri Patnaik for the petitioner and Shri Das, learned Government Advocate for the State. The Bar Council Resolution, which is quoted at paragraph 4 of the affidavit reads as below :-