STATE OF ORISSA Vs. HABIBULLAH KHAN

JUDGEMENT

(1.) The Special Judge, Vigilance, Bhubaneshwar, by order dated 20-9-1999, held that in face of existence of prima facie case under Section 13(1)(e) of the Prevention of Corruption Act, 1988 (for short "the Act"), punishable under Section 13(2) of the Act, charge against the respondent- accused under the said section deserves to be framed. The above order framing charge has been quashed by the High Court by the impugned common Judgement rendered on writ petition (OJC No. 12753 of 1999) and Cri. Misc. Case No. 5021 of 1999 filed under Section 482 CrPC by the accused. The High Court allowing both the petitions has further held that the order taking cognizance has become non est. The State is in appeal on grant of special leave.

(2.) In order to appreciate the respective contentions, it is necessary to notice, in brief, the facts as under:

(3.) The Special Judge, in terms of the order dated 20-9-1999, after noticing the background including the submission of the first and the second report and also after examining the law on the subject, came to the conclusion of existence of the prima facie case requiring framing of charge as above noticed. The learned Judge did not accept the conclusion in the second report that there is no material to prove the charge of acquisition of disproportionate assets by the accused during the check period.