STATE OF ORISSA Vs. PRATIMA BEHERA

JUDGEMENT

(1.) In this Appeal by Special Leave, the appellant challenges the judgment dtd. 31/1/2017 passed by the High Court of Orissa, Cuttack in Criminal Revision No.381 of 2016. The said Revision Petition was filed by the respondent herein challenging the order dtd. 5/3/2016 passed by the Court of Special Judge (Vigilance), Balasore, in T.R. Case No.43 of 2013 whereunder it rejected the application of the respondent under Sec. 239 of the Code of Criminal Procedure, 1973 (for short, "the Cr.P.C.") for discharge and the challenge against framing of charge under Sec. 109 of the Indian Penal Code, 1860 (for short, "the IPC") read with Sec. 13(1)(e) punishable under Sec. 13(2) of the Prevention of Corruption Act, 1988 (for short, "the PC Act"). As per the impugned judgment dtd. 31/1/2017, the High Court set aside the framing of charge under the aforementioned Sec. of the said enactments and discharged the respondent under Sec. 239 of the Cr.P.C.

(2.) Heard the learned counsel for the petitioner-State and the learned senior counsel appearing for the respondent.

(3.) The facts in brief necessary for the disposal of this Appeal are as follows: -