LAWS(ORI)-2014-6-44

SAROJ KUMAR SAHOO Vs. REPUBLIC OF INDIA

Decided On June 24, 2014
SAROJ KUMAR SAHOO Appellant
V/S
REPUBLIC OF INDIA Respondents

JUDGEMENT

(1.) This judgment arise out of a bunch of revision applications under Section 397 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code' for brevity) challenging the various orders passed by the learned Special Judge (CBI), Bhubaneswar in T.R. No.10 of 2009.

(2.) In Criminal Revision Nos. 926 and 927 of 2011. the petitioners being an accused in T.R. Case No. 10 of 2009 have assailed the order dated 02.09.2011 passed by the learned Special Judge (CBI), Bhubaneswar rejecting their application under Section 239 of the Code to discharge the petitioners from the alleged charge under Sections 120-B, 420 and 511 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC' for brevity) read with Sections 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'P.C. Act' for brevity). In Criminal Revision Nos. 1115 and 1114 of 2013, the accused assailed the order passed by the learned Special Judge (CBI) framing charge against them for the aforesaid offences.

(3.) From the examination of the record, it is apparent that the petitioners along with others have been charge-sheeted for the aforesaid offences on the allegation that accused - Saroj Kumar Sahoo and Ajay Kumar Das, who happens to be the Agent and, Development Officer (D.O.) of the LIC, respectively, were instrumental in issuing five LIC policies. Three polices have been booked in favour of Rajendra Satpathy for total sum of Rs. 70 lakhs and LIC policy of Rs. 15 lakhs in favour of Netramani Nanda and a policy of Rs. 14 lakhs, in favour of Dutika Satpathy on false information. In all the policies, accused - Jollyrani Mohapatra has been mentioned as the nominee.