HARIBANDHU DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) UPON hearing Mr. Patnaik for the petitioner and Mr. S. D. Das, the learned Additional Standing Counsel appearing for the opposite party and on a consideration of the materials placed by the petitioner, we are of the view, for the brief reasons to follow, that there is no prima facie case for admission of the writ application.

(2.) A practising Advocate at Bhubaneswar, the petitioner has assailed the order of the Governor as per Annexure -2 refusing to accord sanction for the prosecution of Mr Janaki Ballav Patnaik, the Chief Minister of Orissa, which was sought Under Section 197 of the Code of Criminal Procedure, for commission of offences alleged in a copy of the petition of complaint enclosed to the application which had been Submitted to the Governor. The Chief Minister has not been made a party to this writ application.'

(3.) WE are not at one with the learned counsel for the petitioner that the aforesaid order would show that there had been no application of mind by the Governor as it would clearly indicate that after a careful consideration of the allegations made in the petition of complaint enclosed to the application for according sanction, the Governor had rejected the prayer of the petitioner.