SRI HAREKRUSHNA MAHATAB Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) THESE are 3 applications under Section 482 read with Section 401 of the Code of Criminal Procedure of 1973 directed against framing of charge against each of the Petitioners on different counts by the Special Judge of Bhubaneswar.

(2.) PETITIONER in Criminal Revisions 207 and 208 of 1978 Sri Harekrushna Mahatab was the Chief Minister of the State of Orissa from 19 -10 -1956 to 24 -2 -1961. A charge -sheet was filed against him in 1977 following investigation by the Criminal Bureau of Investigation on the basis of a First Information Report lodged in 1973 alleging that while the Petitioner was Chief Minister and at his instance (i) instalment of Kendu leaf leases for the year 1958 had been postponed beyond the due dates; (ii) remission of 20 per cent of the royalty to Kendu leaf lessees was granted in the year 1959; (iii) leases for the year 1960 were granted by enhancing the existing rate of royalty by 15 per cent which was a favour shown to the lessees; and (iv) in consideration of receipt of Rs. 6,00,000/ - from the Kendu leaf traders by way of gratification, these benefits had been extended to them.

(3.) WHEN these, revisions came up for hearing before a learned Single Judge of this Court, they were referred for disposal by a Division Bench. That is how these revisions have now come before us.