SHAILENDRA KUMAR TOMATIA Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) THE petitioner has filed this Criminal Misc. Case invoking inherent jurisdiction of this Court to quash the order dated 10.10.2001 passed by the Special Judge, C.B.I., Bhubaneswar in T.R. No. 151 of 1999 declining to discharge him in the said case as also the order dated 16.1.2003 framing charge against the petitioner for alleged commission of offence under Section 13(1)(e) of the Prevention of Corruption Act.

(2.) THE case has a chequered career, inasmuch as the selfsame orders impugned in this case were challenged before this Court by the petitioner in a Writ Petition registered as OJC No. 14747 of 2001 under Articles 226 and 227 of the Constitution of India. The petitioner had also filed a Criminal Misc. Case before this Court under Section 482, Cr.P.C. registered as Cri.M.C. No. 10091 of 2001 for quashing of the very same orders which came up for admission first. Learned counsel for the petitioner sought permission of the Court to withdraw the said Criminal Misc. Case by filing a Memo, to that effect and on the basis of the said Memo., the Criminal Misc. Case (No. 10091 of 2001) was disposed of with the following order :

(3.) IN support of the contention, Mr. J. Pattnaik, learned Senior Advocate appearing for the petitioner, relied upon a decision of this Court in the case of Janakiballav Pattnaik v. State of Orissa, (1994) 7 OCR 867. In the said decision, the facts of which were more or less similar to the facts of the present case, this Court observed as follows :