(1.) THE petitioner faced trial for the offence under Section 13(2)read with Section 13(1)(e)of the P.C.Act on the allegation that during the check period from 1.1.1998 to 19.3.2000 while working as an Asst. Engineer, he illegally amassed assets both moveable and immoveable to the tune of Rs.2,94,303/ -, disproportionate to his known sources of income. After conclusion of trial, he was found to have amassed assets to the tune of Rs.2,50,753.82 paise, disproportionate to his known sources of income illegally, and as such, was convicted for the aforesaid offence and was sentenced to undergo R.I. for one year and to pay fine of Rs.25,000/ -and in default of payment of fine to undergo R.I. for two months more vide judgment and order dated 11.6.2010.Being dissatisfied with the said judgment and order, he preferred Criminal Appeal No.306 of 2010 before this Court, which is sub -judice.
(2.) IN the meantime, Mr.C.Bilung, Inspector, Vigilance Division, Bhubanewar, being duly authorized as per law, filed a petition under section 3 of the Criminal Law(Amendment)Ordinance, 1944,(here -in -after referred to as "Ordinance,1944") supported by an affidavit before learned Special Judge (Vigilance) Bhubanbeswar, which was registered as Misc. case No.3 of 2011 with prayer to attach the properties as mentioned in the Schedule of the petition till disposal of the Criminal Appeal No.306 of 2010, pending before this Court. Pursuant to filing of the said petition, learned Special Judge,(Vigilance),Bhubaneswar issued notice to the petitioner and his wife to file show cause to the said petition by 12.9.2011. This writ petition has been filed by the petitioner with prayer to quash the entire proceeding in M.C.No.3 of 2011.
(3.) PER contra, learned Standing Counsel appearing for the State(Vigilance)contends that as per Section 2(2)of the Ordinance,1944, in the present case, the criminal proceeding shall be terminated on disposal of the Criminal Appeal No.306 of 2010. Since it has not yet been disposed of, the learned Special Judge (Vigilance) is empowered to deal with the petition filed under Section 3 of the Ordinance,1944.