KALICHARAN MAHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Leave granted.

(2.) Appellant was an IPS Officer who reached up to the level of Superintendent of Police in the State Police Service, Orissa. Based on some sleuth informations raid was conducted in the residence of the appellant on 12-5-1990 and a good amount of cash and jewellery were recovered. A case was registered against him under S. 13(2) of the Prevention of Corruption Act, 1988 (for short "the Act"). On 31-12-1990 appellant retired from service but the investigation into the case continued. On 30-9-1992 the Vigilance Department submitted a charge-sheet against the appellant for the offence under S. 13(2) read with S. 13(1)(e) of the Act.

(3.) The case was since transferred to the Court of Special Judge, Bhubaneswar which was established under the provisions of Orissa Special Courts Act, 1990. Appellant made a multi-pronged move against the prosecution. At the first instance he challenged the very constitution of Special Court and then he raised a preliminary objection that he is not liable to be tried under the Act since he was no more a public servant. His challenge against the constitution of the Special Court did not succeed in spite of that contention having been taken up to this Court in SLP (C) No. 13776/93 which was dismissed by this Court. But he persisted with his preliminary objection which was overruled by the Special Court. He then moved the High Court under S. 482 of the Code of Criminal Procedure (for short 'the Code') to have the prosecution proceedings quashed on that ground but the High Court dismissed the petition as per the impugned order.