Court dismissed a Section 482 CrPC petition seeking quashing of an impugned order due to lack of sanction, granting liberty to raise the sanction plea during trial. It also observed that police officials may seek dispensation from personal appearance.
Petition dismissed with liberty to raise the contention of lack of sanction before the trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2528 of 2011
Prafulla Chandra Badajena & others …. Petitioners
-versus-
Nabeen Kumar Dalai & another …. Opposite Parties
CORAM: JUSTICE S.PUJAHARI
ORDER
Order No.
11.04.2022
Page 1 of 2
// 2 //
charge. Furthermore, it is observed that since the Petitioners are police officials, if a petition under Section 205 Cr.P.C. is filed, the court concerned shall consider the question of dispensing with their personal appearance.
PKS
(S. Pujahari)
Judge
Page 2 of 2
3 issues framed by the court
Whether the High Court must decide the question of lack of sanction at this stage or allow it to be raised later.
Whether police officials filing a petition under Section 205 Cr.P.C. must appear in person.
Whether the Criminal Misc. Application under Section 482 Cr.P.C. should be disposed of without deciding the contention.
4 provisions across 3 enactments
Prafulla Chandra Badajena & others
Nabeen Kumar Dalai & another
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
