PRADIP KUMAR HOTA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Instant application under Sec. 482 Cr.P.C. is at the behest of the petitioner assailing the order of cognizance dtd. 21/9/2015 passed in T.R. No.41 of 2015 emanating from Vigilance P.S. Case No.7 of 2010 registered under Sec. 13(2) read with 13(1)(e) of the Prevention of Corruption Act pending in the file of learned Special Judge, Vigilance, Cuttack on the grounds inter alia that the proceeding is required to be terminated on account of inordinate delay and also expedient in the interest of justice.

(2.) Briefly stated, the petitioner was proceeded with the criminal action on the basis of an allegation as to possession of assets disproportionate to his known source of income, where for, Vigilance Misc. No.5 of 2006 was filed in the court of learned CJM, Cuttack and thereafter, on the strength of a warrant, the Vigilance Department raided the residential and other places related to the petitioner and finally, after enquiry, FIR was lodged on 30/1/2010 vide Annexre-1 and then, the case was registered in 2015 and after submission of charge sheet, cognizance was taken of the offences vide Annexure-2.

(3.) According to the petitioner, the order of cognizance under Annexure-2 is required to be set aside as the criminal proceeding has become stale, inasmuch as, the enquiry was commenced in 2006 and the FIR was lodged almost after five years and finally, the charge sheet came into being in 2015 and that apart, the impugned order of cognizance was passed nearly after two and half years of his retirement and therefore, it is liable to be set aside and also the proceeding as a whole.