LAWS(ORI)-2014-7-56

RAMA CHANDRA RATH Vs. STATE OF ORISSA

Decided On July 16, 2014
Rama Chandra Rath Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) THE petitioner, being the accused in V.G.R. No. 13 of 2007 of the Court of Special Judge (Vigilance), Balasore assails the order dated 15 -4 -2010 passed by that Court taking cognizance of the offence under Section 13(1)(d) read with Section 13(2) and Section 7 of the Prevention of Corruption Act, 1988 (for short 'the P.C. Act') and issuing process against the petitioner. The facts are not in dispute. It may be summarized as follows:

(2.) FOR better appreciation of the case, the entire letter issued by the learned Special Judge is quoted hereunder.

(3.) IN course of hearing, the learned counsel for the petitioner relying upon the case of Krishandutt Sharma v. State of Rajasthan, : 1998 Cri. L.J. 3520 has contended that when the Investigating Officer has filed final report against the petitioner, the order passed by the learned Magistrate for further investigation and getting sanction is not proper.