RABINDRA KUMAR MALLICK Vs. STATE OF ORISSA (VIG )

JUDGEMENT

(1.) The order dated 30.09.2015 in T.R. No. 19 of 2013 arising out of V.G.R. No. 40 of 2008 passed by learned Special Judge (Vigilance), Balasore, refusing to discharge the petitioners under Section 239 Cr.P.C. is assailed in both the above cases, filed under Section 482 Cr.P.C. by the petitioners.

(2.) The essential facts presented are as follows:-

(3.) The investigation was ensued, Police Report No. 52 dated 14.12.2012 was received against thee accused persons, namely, Rabindra Kumar Mallick, Narayan Chandra Panigrahi and Smt. Anjali Panigrahi. The cognizance order dated 30.04.2013 reveals that no sanction was accorded by the competent authority in respect of Debendra Nath Behera, but court took cognizance under Sections 468/477-A/120-B of the Indian Penal Code and issued process against him. As against Rabindra Kumar Mallick, no sanction was felt required as he had retired by then. The learned Special Judge took cognizance under Sections 468/477-A/120-B of the I.P.C. and proceeded against thee accused persons, who were charge sheeted. Accused persons appeared and faced the proceeding against them.