E. SANKAR RAO Vs. STATE OF ODISHA (VIGILANCE)

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed with a prayer to quash the proceedings emanating from FIR No.45 dtd. 11/8/2016 leading to Berhampur Vigilance P.S. Case No.45 of 2016 corresponding to GR (V) Case No.33/2016(v) for alleged commission of offences u/s.13(2), r/w Sec. 13(1)(e) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'PCA') and u/s.109 of the Indian Penal Code 1860 (hereinafter referred to as 'IPC') which is pending in the Court of learned Special Judge Vigilance, Berhampur.

(2.) The facts leading to the present matter, in nutshell, is that upon receiving information regarding the petitioner's assets, searches were conducted at the petitioner's residence and at those of his relatives, after which his movable and immovable assets were assessed to be valued at Rs.74,54,526.00. His income for the check period between 1/1/2005 to 11/5/2016 was assessed to be Rs.31,70,057.00 and the approximate expenditure was assessed to be Rs.13,60,521.00. Based on the above figures, the value of the disproportionate assets possessed by the present petitioner was estimated to be at Rs.56,44,990.00. On the basis of the aforementioned information, Vigilance GR Case No.33/2016(v) was registered and investigation commenced. However, till date the investigation has not been completed and no final form has been filed.

(3.) Challenging the long-drawn investigation, the petitioner had approached this Court in CRLMC No.1843/2019, whereby vide its order dtd. 6/1/2020, this Court was pleased to direct that the Vigilance authorities shall conclude the investigation expeditiously within a period of three months from the date of the order. The relevant portion of this Court's order dtd. 6/1/2020 in CRLMC No.1843/2019 is reproduced below: