CH. AMRITALINGAM Vs. STATE

JUDGEMENT

(1.) I have heard the learned counsel for the petitioner and the learned Senior Standing counsel appearing for the Vigilance Department.

(2.) The order dated 08.09.2010 of the learned Special Judge, Vigilance, Bhubaneswar passed in T.R. No.59 of 2006 is under challenge in this revision petition.

(3.) Brief facts of the case is that the present petitioner was working as Executive Director (Finance) and co-accused - Swasti Ranjan Mohapatra was working as Company Secretary of ORHDC and both of them along with the co-accused-builder-S.R.K.K. Rajabahadur entered into a criminal conspiracy and the above officials of the Corporation committed criminal misconduct and showing undue official favour to the co-accused - S.R.K.K. Rajabahadur sanctioned and disbursed Rs.20 lacs without proper documentation and ignoring the opinion of the retainer of the Corporation. After availing the loan, the co-accused - S.R.K.K. Rajabahadur absconded by abandoning the project and the real landowner cancelled the power of attorney and the present liability in respect of the loan is Rs.95 lacs. The above accused persons were charge-sheeted under Section 13(2) read with Section 13(1)(d) of the P.C. Act and under Sections 120-B/420 of I.P.C. The present petitioner filed one petition before the learned Special Judge, Vigilance, Bhubaneswar praying for his discharge and the learned Special Judge, Vigilance considering the materials on record held that there was prima-facie allegation against the present petitioner. But, so far question of sanction under Section 197 Cr.P.C., learned Special Judge, Vigilance, Bhubaneswar held that the order dated 18.05.2006 taking cognizance against the present petitioner and others, had been challenged and discharging the petitioner at the stage of consideration of charge amounts to quashing the order taking cognizance which is beyond jurisdiction. The Court also held that it was proper stage and the matter relating to sanction under Section 197 Cr.P.C. is to be decided at the stage of trial.