RABINDRANATH MOHANTY Vs. STATE

JUDGEMENT

(1.) Accused in proceedings in the court of the Special Judge, Bhubaneswar, for his trial along with two others under S. 13(2) read with S. 13(1)(c) and (d) of the Prevention of Corruption Act, 1988 and under Ss. 120-B, 409, 467 and 471 of Indian Penal Code, is petitioner against the order refusing to discharge the accused on account of inordinate delay by the investigating agency to file the charge-sheet.

(2.) During the period between 11-6-1970 and 30-4-1971, petitioner was an Executive Engineer. On receipt of information that during that period petitioner along with others received bank drafts and cash and transacted with them without proper scrutiny and recorded the same in the cash book maintained in the Division Office intentionally conspiring to commit the offences alleged, vigilance staff investigated into the incident. Charge-sheets having been submitted, cognizance was taken by the learned Special Judge. Petitioner approached this Court for exercise of power under S. 482, Cr. P.C. to quash the cognizance and issue of processes against him after long lapse of time. Without interfering this Court gave liberty to petitioner to raise the contentions before the learned Special Judge. Thereafter, petitioner filed applications before the learned Sessions Judge before charge was framed against him making a grievance that point raised by the petitioner has not been appreciated by the learned Special Judge, which were rejected. These two revisions have been filed to set aside the orders and quash the prosecutions against him.

(3.) Mr. P. K. Mahapatra, learned counsel for petitioner, submitted that the petitioner would be harassed to face trial in respect of an offence alleged to have been committed in the year 1970-71 and may not be able to defend himself properly. His fundamental right of speedy investigation and trial is affected and, accordingly, the proceeding for his trial ought to be quashed.