(1.) The husband of the petitioner being the principal accused and the petitioner are facing prosecution in Disproportionate Assets case arising out of the F.I.R. in Berhampur Vigilance P.S. Case No.45 of 2016 corresponding to GR (V) Case No.33/2016(v) for the offences under Ss. -13(2)/13(1)(e) of the Prevention of Corruption Act r/w Sec. -109 IPC pending in the Court of the learned Special Judge, Vigilance, Berhampur. The petitioner is seeking quashing of the criminal proceeding initiated against her under the aid of Sec. -109 IPC.
(2.) The petitioner is the wife of the main accused in the said F.I.R. She is admittedly a housewife. The only allegation against the petitioner is that there are certain assets in her name. Therefore, under the aid of Sec. -109 IPC, she has been made accused and made to suffer the proceeding. The petitioner in the present proceeding is assailing the entire criminal prosecution initiated against her.
(3.) Mr. Maharana, learned counsel for the opposite party submits that the principal accused had approached this Court by filing of CRLMC No.687 of 2021 seeking quashing of the entire proceeding against him. After the removal of the properties counted towards his disproportionate assets belongs to his father. The coordinate Bench of this Court quashed the proceeding vide its order dtd. 1/9/2021 on the ground that after the removal of the assets of the father of the petitioner the disproportionate amount falls less than 100%, the Criminal prosecution initiated against the petitioner is not sustainable. Thereafter, the Vigilance Department approached the Hon'ble Supreme Court by filing SLP (CRL) No. 5244/2022. Vide order dtd. 13/7/2022 while staying the operation of the impugned order, the Apex Court directed continuance of the investigation and allowed the investigating agency to file the report under Sec. .173 of Cr.P.C. The investigation was concluded and charge sheet was filed. Thereafter, the matter was finally taken up by the Hon'ble Supreme Court on 3/3/2023. While disposing of the petition following order was passed:-