S J ALLI Vs. STATE OF ORISSA

JUDGEMENT

(1.) -THIS application under section 482 Cr. P. C. has been filed by the petitioner invoking the inherent jurisdiction of this Hon'ble Court to quash the order of cognizance dated 24. 3. 2007 passed by the special Judge (Vigilance) Berhampur, ganjam in G. R. Case No. 12 of 2005, taking cognizance of offence under Section 13 (2)read with Section 13 (l) (d) of the Prevention of Corruption Act ("p. C. Act" for short) and section 120b, I. P. C.

(2.) THE main contention of the petitioner is that the impugned order of cognizance suffers from non-application of mind and has been mechanically passed without considering the materials on record and taking all relevant facts and circumstances into consideration and prima facie satisfying itself with regard to involvement of the petitioner in the commission of alleged offence under Section 13 (2) read with Section 13 (1) (d) of the P. C. Act and Section 120b i. P. C. The petitioner in this regard relies on a decision of this Court in the case of gundicha Behera and another v. State of orissa wherein it has been held that in absence of prima facie satisfaction regarding availability of materials for taking cognizance, the order taking cognizance becomes vulnerable and the Court proceeded to quash the order.

(3.) IN the instant case, the Special Judge (Vigilance) Berhampur, Ganjam in his order dated 24. 3. 2007 has not made any mention with regard to the prima facie satisfaction regarding availability of materials for taking cognizance against the petitioner. The impugned order of cognizance is extracted below: