KRISHNA CHANDRA MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS petition under Section 482, Cr.P.C. has been filed against the Order dated 22.6.2002 passed by the Learned Special Judge, Vigilance Berhampur in G. R. Case No. 5 (Vig) of 1998 taking cognizance against the petitioner, Krishna Chandra Mishra for the offences punishable under Sections 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and under Sections 420/467/120B, IPC.

(2.) MR . Mohapatra, Learned Standing Counsel for the Vigilance Department submitted that Shri S. K. Mishra, Collector, Gajapati received a grant of Rs. 45,00,000/ - (Forty five lakhs) from DRDA (District Rural Development Agency), Ganjam, Chhatrapur under JRY (Jawahar Rojgar Yojana) for Horticulture Plantation Project. The target group under TRY is the people below the poverty line satisfactorily under S.C. and S.T. category, On 16.9.1993 one of the co -accused Shri Jagannath Sahu, Chief Executive of N.G.O., namely SERVE moved an application before the Collector, Gajapati asking him to allot money for horticulture plantation already taken up by the N.G.O. in Kasinagar Block Area. On the same date Shri S. K. Mishra, Collector marked the letter to the P.A.I.T.D.A., Paralakhemundi and on the same date suggestions for sanction of Rs. 2,11,650/ -was submitted by one of the co -accused Nityananda Nayak, OAS -I, P.A., I.T.D.A. and on the next date, i.e., on 17.9.1993 the said amount was paid to the co -accused Jagannath Tirupati Panigrahi and Shri Nityanalnda Nayak, P.A.I.T.D.A. Before execution of the agreement with SERVE 16 nos. of cases were filed before the Sub -Collector, Paralakhemundi for granting permission under Section 22 of the OLR Act for transfer of land from tribal to family members of Tirupati Panigrahi at Vill -Siali/K.G.N. Petta under Kasinagar Block. The cases have been disposed of on 3.8.1993 and 7.8.1993 (two days) by Shri Krushna Chandra Mishra, OAS (I), Sub -Collector, Parlakhemundi (accused -petitioner) granting permission for alienation of tribal land vide OLR case Nos. 14 to 17, 19, 20 to 26, 35 to 38 and 28 of 1993. Out of the 16 ST. persons, 3 persons were permitted to transfer their land to other caste people, which was reported to be a false and fabricated one submitted by one Sri Siba Prasad Padhi, Revenue Inspector, one of the co -accused. But without scrutiny the same were taken into consideration by the accused -petitioner. Since on verification it was found that those 3 persons were not having any landed property, a criminal case was registered and after completion of investigation charge -sheet was filed in which the petitioner has been shown as a co -accused.

(3.) SINCE charges have not been framed so far and before framing of the charge it is mandatory to provide opportunity of hearing to the accused persons; it is to be seen whether any charge has been made out against the accused -petitioner, or any of the co -accused has made out anything against the accused -petitioner, in the opinion of this Court, it will be proper that all the documents to show that no charge is made out against the petitioner, should be filed before the Trial Court and the Trialcourt will do well to consider the same and pass necessary orders in accordance with law. Therefore, this Court is not inclined to interfere with the impugned order at this stage in exercise of its power conferred to it under Section 482, Cr.P.C.