PRASHANTA KUMAR MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In the present application under Section 482 of Code of Criminal Procedure, the petitioner - Prashanta Kumar Mohapatra has challenged the order of cognizance dated 19.7.2007 (Annexure-2) passed by the Special Judge (Vigilance), Sambalpur in CTR No. 65 of 2007.

(2.) Mr. Dhal, learned Counsel for the petitioner submits that on the basis of a complaint dated 29.12.2005 filed by one J, Nayak, Ex-Inspector of Vigilance, Baragarh squad, a case was registered against the petitioner alleging criminal misconduct by showing undue official favour to M/s. Weigh Care, Sambalpur and for alleged excess payment of Rs. 1,91,820/- for purchase of Weigh bridge for the Regulated Market Committee (RMC), Padampur. It Is further alleged that the petitioner was serving as the Secretary, RMC, Padmapur during the period from 01.01.2001 to 04.07.2007. During the said period the Orissa State Agriculture Marketing (OSAM) Board. Bhubaneswar accorded permission for purchase of 130 MT Weigh bridge for RMC, Padmapur through competitive tender or DGS and D rate contact. It is alleged that violating the direction of the OSAM board, the petitioner along with other office bearers of the RMC placed orders and purchased 130 MT Weigh bridge from M/s. Weigh Care, Sambalpur at a cost of Rs. 4,57,000/-. In conclusion of the investigation it was asserted that the cost of weigh bridge including installation charge comes to Rs. 2,49,380/- and, therefore, it is alleged that due to such action on the part of the petitioner as well as the other office bearers of the RMC, the RMC had incurred a loss of Rs. 1,91,820/- by showing undue official favour in favour of the supplier M/s. Weigh Care which amounts to criminal misconduct.

(3.) On the basis of the complaint of the Vigilance Officer, F.I.R. was lodged and registered as Sambalpur Vigilance P.S. Case No. 75 of 2005 for commission of the offence punishable under Section 13(2) read with Section 13(1)(d) and Section 120(b) of Indian Penal Code and on receipt of the F.I.R., CTR No. 65 of 2007 was registered in the Court of C.J.M., Sambalpur.