2004 (8) TMI 736 - SC - Indian Laws

Summary

Issues:
1. Legality of judgment rendered by a learned Single Judge of the Orissa High Court disposing of three petitions filed under Section 482 of the Code of Criminal Procedure, 1973.
2. Authorization of investigation by the concerned investigating officer.
3. Consideration of overruled judgment by the High Court.
4. Professional conduct of counsel and duty to assist the Court.

Analysis:
1. The State of Orissa challenged the legality of a judgment by a Single Judge of the Orissa High Court regarding three petitions filed under Section 482 of the Code of Criminal Procedure. The petitions aimed to quash the charge sheet, order taking cognizance of offences under the IPC, and an order rejecting certain prayers. The High Court held the investigation unauthorized, relying on a Patna High Court decision. Consequently, the proceedings were quashed without separate consideration of the other petitions.

2. The State contended that the High Court's reliance on the Patna High Court decision was erroneous as it had been overruled by the Supreme Court. The State argued that the High Court failed to consider the effect of the Supreme Court's judgment, leading to an incorrect decision.

3. The respondent argued that the case was a result of political conspiracy and mala fides, questioning why only the respondent was targeted when other government officials were not proceeded against. The respondent opposed interference in the High Court's order.

4. The Supreme Court expressed concern over the casual handling of the matter, highlighting the duty of counsel to assist the Court and not mislead it. The Court criticized the failure to bring the overruled judgment to the notice of the Single Judge and emphasized the importance of upholding professional standards. The Supreme Court set aside the High Court's judgment, remitting the matter back for fresh consideration, emphasizing the need to consider all relevant aspects and decisions of the Court.

In conclusion, the Supreme Court allowed the appeals, setting aside the High Court's judgment and directing a fresh consideration of the petitions in light of the correct legal position and professional standards.