STATE OF ORISSA Vs. DEDENDRA NATH PADHI

JUDGEMENT

(1.) In this appeal, the State of Orissa has challenged the two orders made by the High Court of Orissa at Cuttack; the first one dated 21-6-1999 and the second one dated 12-9-2000 made in Crl. Miscellaneous Case No. 2374 of 1995.

(2.) In its order dated 21-6-1999, the High Court considered a petition filed by the respondent herein seeking quashing of the charges framed against him by the special Judge, Vigilance, Bhubaneshwar under Sections 13 (1)(e) and 13(2) of the Prevention of Corruption Act, 1988 (for short the Act). By the said order, the High Court set aside the order of the Special Court dated 13-9-1993 taking cognizance of the offence as also the subsequent order dated 2-11-1993 framing charges against the respondent herein. By the said order, the learned Judge remitted the matter to the learned Special Judge with a direction to first call upon the prosecution to examine its case against the respondent herein, keeping in view the findings and observations made by the Commissioner of Income-tax in favour of the respondent herein and after giving an opportunity of hearing to the said respondent. There was a further direction to the trial Court to decide the matter by the end of July, 1999.

(3.) The High Court by its second order dated 12-9-2000 made on another application in the very same case, held, that since the Special Judge who was directed by the earlier order to re-examine the matter by the end of July, 1999 having failed to do so, the proceedings before the trial Court amounted to harassment to the respondent herein, therefore, in the interest of justice, quashed the entire proceedings pending on the file of the Special Judge. It also made an order directing the release of the articles seized from the respondent herein and other persons within a fortnight of the said order.