LAXMAN @ LAKHAN KUMAR PATNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has challenged the impugned order dated 16.10.2006 passed by the learned Chief Judicial Magistrate, Rayagada in G.R. Case No. 79 of 2000 in rejecting the discharge petition filed by the petitioner and holding that there are sufficient materials placed by the investigating agency to believe that prima facie case under section 409 of the Indian Penal Code is made out against the petitioner.

(2.) The learned counsel for the petitioner first contended that there is no sanction order under section 197 Cr.P.C. and therefore, the learned Trial Court cannot proceed against the petitioner for commission of offence under section 409 of the Indian Penal Code.

(3.) In case of OM Kr. Dhankar Vrs.- State of Haryana, 2012 52 OCR 63, where the complainant challenged the order of quashing the issuance of process against the accused for offence punishable under sections 420, 406 & 161 Indian Penal Code, relying on the decision of Prakash Singh Badal Vrs. State of Punjab, 2007 1 SCC 1, it was held that sanction of the competent authority for prosecuting the accused for such offences is not required as by no stretch of imagination by their very nature, such offences be regarded as having been committed by any public servant while acting or purporting to act in discharge of official duty.