SURESH CHANDRA SUARA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under section 482 of the Code of Criminal Procedure filed by the petitioner Suresh Chandra Suara, OAS-I (SB), the Ex- Project Director, D.R.D.A. challenging the impugned order dated 19.07.2018 passed by the learned Special Judge, Special Court, Bhubaneswar in T.R. Case No.2/18 of 2012/2008 in rejecting the petition under section 311 of Cr.P.C. dated 19.04.2018 filed by the petitioner to summon the Secretary to the Government in Home Department to cause production of the file in which notification No.SRO No.294/2011 dated 30.04.2011 was issued through a competent officer to depose as to the contents of the said file relying upon the ratio laid down by the Hon'ble Supreme Court in case of Yogendra Kumar Jaiswal -Vrs.- State of Bihar , 2016 63 OCR 426 (SC).

(2.) It appears that the petitioner is facing trial for commission of offence under section 13(2) read with section 13(1)(e) of the Prevention of Corruption Act, 1988 and the evidence from the prosecution side is under progress.

(3.) Learned counsel for the petitioner, Miss Anima Kumari Dei submitted that if such notification is produced by the competent officer and proved during trial, then it would show that the petitioner was not holding any "high public or political office" in the State of Odisha as contemplated under the Odisha Special Courts Act, 2006 at the relevant point of time.