SURENDRA KUMAR PUROHIT Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned counsel for the petitioners. G.R. Case No.26 of 2004 (Vigilance) was registered against the petitioners on accusation of commission of offence under Sections 13(2) read with Section 13 (1) (d)/7 of the Prevention of Corruption Act read with Section 120 -B of I.P.C., which is pending before the learned Special Judge (Vigilance), Bhawanipatna. Petitioners filed a petition under Section 407 of Cr.P.C. seeking transfer of the said case to the Court of learned Special Judge (Vigilance), Berhampur giving rise to the aforesaid case.

(2.) LEARNED counsel for the petitioners submits that originally, the case was pending before the learned Special Judge (Vigilance), Berhampur. When a Special Judge, Vigilance Court was opened at Bhawanipatna, it was transferred to that Court, by which time charge had already been framed. Before the case was transferred from Berhampur to Bhawanipatna, petitioners were not given any chance of being heard. So, the transfer is illegal. In support of his submission, learned counsel for the petitioners cited a decision of this Court in the case of Satyananda Pani v. State of Orissa, 2000 (I) OLR 181. Went through the decision cited, where it has been held that after commencement of hearing of a case before a Special Judge (Vigilance), it cannot be transferred to another competent Court on administrative side, without at least giving a chance of being heard to the accused. In the decision (supra), the case was transferred after the charge was framed by the Special Judge (Vigilance) and it was held that once charge is framed it is deemed that hearing of the case has commenced. Accordingly, the transfer was held to be bad in law. In view of the aforesaid decision, the transfer of Vigilance G.R. Case No.26 of 2004 from the Court of learned Special Judge (Vigilance), Berhampur to the Court of learned Special Judge (Vigilance), Bhawanipatna is illegal.

(3.) URGENT certified copy of this order be granted as per rules. Petition allowed.