STATE OF ORISSA Vs. SASHI BHUSAN KAR

JUDGEMENT

(1.) The State has made an application under Art. 134(1)(c) of the Constitution for grant of a certificate for leave to appeal to the Supreme Court against the judgment and Order passed by this Court dt. April 26, 1985 in Criminal Appeal No. 31 of 1982 allowing the appeal preferred by the opposite party herein against the judgment and order of conviction recorded against him under S. 5(2) read with S. 5(1)(d) of the Prevention of Corruption Act, 1947 and under S. 161 of the Penal Code.

(2.) This application came up for orders before one of us (B.K. Behera, J) who was of the view that such matters decided by learned single Judges should come up for orders before the same learned single Judges and matters decided by Division Benches should come up for orders before the Hon'ble Judges constituting those Benches, but as in some earlier cases, matters decided by the learned single Judges had been placed before the Division Benches for grant of certificates for leave to appeal to the Supreme Court, this matter was placed before the Hon'ble the Chief Justice for appropriate direction and under the direction of our Lord the Chief Justice, the matter has been placed before this Division Bench for orders.

(3.) We have heard the learned counsel for both the sides. While the learned Standing Counsel has submitted that the written application made before this Court is maintainable, it has been contended on behalf of the opposite party that it is not. According to the learned Standing Counsel, substantial questions of law are involved. It has, on the other hand, been contended on behalf of the opposite party that no such questions are involved and it is not a fit case it which this Court should issue a certificate for leave to appeal to the Supreme Court.