(1.) HEARD Mr. K.P.Bhoumik, learned counsel for the petitioner and Mr.P.K.Pani, learned Additional Standing Counsel for the Vigilance Department.
(2.) IN this application under Section 482 Cr.P.C. petitioner -Madhusudan Mishra has challenged the order dated 6.3.2010 passed in T.R. No.77/79 of 09/05 passed by the learned 2nd Additional Special Judge (Vigilance), Bhubaneswar taking cognizance of offence under Section 13(1)(e)/7, (d) in place of (e) of the Prevention of Corruption Act, 1988 punishable under Section 13(2) of the Act.
(3.) MR . Bhoumik contends that the petitioner in question was working as S.I. of Police in G.R.P.S. land it would be seen that F.I.R. No.91 dated 12.12.2002 had been lodged for offences under Sections 326/307, I.P.C. against unknown accused person. It further appears that the brother -in -law of the informant had been apprehended in connection with the aforesaid case and it is alleged that the petitioner made a demand of illegal ratification of Rs.1000/ - for the purpose of assisting the accused to falsify the medical certificate. Mr.Bhoumik contends that since the petitioner himself had registered the said F.I.R. and he had no control or power over the doctor who conducted the investigation in to the inquiries, on demand by such a person i.e. the petitioner can be stated to be demand for illegal ratification for due discharge of official duty. It is stated that the F.I.R. had been filed by the brother -in -law of the accused for the purpose of wrecking vengeance on the career of the petitioner.