BIBHUTI BHUSAN MISHRA Vs. STATE

JUDGEMENT

(1.) Heard Mr. Asok Mohanty, learned Senior Advocate for the petitioners and Mr. Sangram Das, learned Standing Counsel for the Vigilance Department.

(2.) The petitioners Bibhuti Bhusan Mishra and Soudamini Mishra, who are the husband and wife have filed this petition challenging the order dtd. 27/1/2024 passed by the learned Special Judge, Special Court, Bhubaneswar in T.R. No. 8/45 of 2015/2013 in rejecting the petition filed by the petitioners under Sec. 239 of Cr.P.C. for discharge.

(3.) As per the charge sheet dtd. 19/8/2013, the petitioners were charge sheeted under Sec. 13(2) read with Sec. 13(1)(e) of the Prevention of Corruption Act, 1988 (hereafter '1988 Act') read with Sec. 109 of the Indian Penal Code on the accusation that the petitioner no.1 who was the then Additional Secy. to Govt., Water Resources Department, being a public servant had acquired assests both movable and immovable to the tune of Rs.30,30,683.84 or say Rs.30,30,684.00, both in his name and in the name of his family members during the check period from June 78 to 30/6/2008. During the said check period, he had incurred expenditure of Rs.27,50,730.45 or say Rs.27,50,730.00. Thus, on both counts, it comes to Rs.57,81,414.00. Against this, he had earned income of Rs.26,12,730.31 or say Rs.26,12,730.00 from all his known and lawful sources. Thus, he had acquired assets to the tune of Rs.31,68,684.00 as disproportionate to his known and lawful sources of income of Rs.26,12,730.00 during the check period.