DIPTI RANJAN PATNAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioners by filing this revision have assailed an order dtd. 28/7/2018 passed by the learned Special Judge (Vigilance), Keonjhar in VGR Case No. 59 of 2009 (T.R. Case No. 80 of 2011). By the said order, the petition filed by the petitioners who have been arraigned as accused persons therein for their discharge has been rejected. Thus, the legality and propriety of the said order whereby and whereunder, the court below has presumed the existence of a prima facie case against these petitioners for commission of offence under sec. 13(2) read with sec. 13(1)(d) of the Prevention of Corruption Act, 1988 (for short, "the P.C. Act") and under sec. 420/379/120-B of the Indian Penal Code, 1860 (in short "the IPC") as well as sec. 21 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter, called as "MMDR Act") has been called in question.

(2.) The factual exposition necessary for the purpose are briefly stated as under:-

(3.) (a) On 24/9/2009, a joint physical inspection of the said mines was made by a team led by the Vigilance Authorities, consisting of Technical Experts such as Engineers, and the Officials of Revenue as well as Mining Departments. On 2/12/2009, a written information was lodged by the Deputy Superintendent of Police, Vigilance Cell, Cuttack pointing out there in certain illegalities / irregularities / deviations / deficiencies. That being treated as First Information Report (FIR) has led to the registration of Balasore Vigilance P.S. Case No. 59 of 2009 and commencement of investigation thereof. (b) On completion of investigation, the Vigilance Department submitted charge-sheet on 2/11/2010 placing the petitioners and others for trial for commission of offence under sec. 13(2) read with sec. 13(1)(d) of the PC Act, sec. 420/379/120-B of the IPC as well as sec. 21 of the M.M.D.R. Act. The charge-sheet being filed in the Court of learned Chief Judicial Magistrate, Balasore, the record was transmitted to the learned Special Judge (Vigilance), Balasore leading to registration of T.R. Case No. 44 of 2010. The learned Special Judge (Vigilance), Balasore on receipt of the record and upon perusal of the charge-sheet, took cognizance of above offences by its order dtd. 6/12/2010. Subsequently, the said case has been transferred to the Court of learned Special Judge (Vigilance), Keonjhar when it was so established and vested with the power to try such offences having the jurisdiction over the area; where the above stated mines situate.