The single judge dismissed the quashing application under Section 482 Cr.P.C., holding that cognizance under the Prevention of Corruption Act is not interim and should not be interfered with at this stage.
The Criminal Miscellaneous Application under Section 482 Cr.P.C. is dismissed.
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CRLMC NO. 4044 of 2015
09.10.2015 Heard learned counsel for the petitioner and learned Addl. Standing Counsel fo
r the Vigilance Department.
Petitioner has filed this application under Section 482 Cr.P.C. challenging th
e order dated 17.8.2015 passed by the learned Special Judge, Vigilance, Cuttack in connection
with T.R. Case No. 9 of 2015 arising out of V.G.R. Case No. 63 of 2014 taking cognizance of of
fences under Sections 13(2) read with 13(1)(d)/7 P.C. Act against the petitioner.
Having regard to the materials available on record this Court is not inclined
to interfere with the order taking cognizance. However it is open to the petitioner to raise h
is objection at a later stage.
Accordingly the CRLMC is dismissed. S. Panda, J
2
1 issue framed by the court
Whether the Special Court's order taking cognizance of offenses under the P.C. Act should be quashed under Section 482 Cr.P.C.
2 provisions across 2 enactments
Petitioner
State (through Vigilance Department)
S. Panda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court