HIMANSHU BHUSAN PANIGRAHI Vs. STATE OF ODISHA,VIGILANCE

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure with a prayer to quash the framing of charges against the petitioner by the learned Special Judge, Vigilance, Keonjhar in V.G.R. Case No.06 of 2016 for the offences under Section 13(2) read with Section 13(1)(d) and Section 7 of the Prevention of Corruption Act.

(2.) One Abhimanyu Khuntia lodged an F.I.R. before the Superintendent of Police, Vigilance, Baleswar that he along with his wife had registered their names with Keshadurapal Co-operative Society for selling their paddy for the financial year 2015-16.

(3.) It was submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case with concocted allegations made by the informant since as the President of the Society, he insisted for repayment of the loan amount taken by the petitioner. It was further submitted that by the alleged date of occurrence, the outstanding loan amount was Rs.55,700/- against the petitioner out of which he gave Rs.50,000/- to the petitioner towards such repayment. But, it has been wrongly shown as bribe money. Secondly, it was submitted that the petitioner, being a honorary President of the Co-operative Society, is not a public servant so as to be prosecuted for the offences under the Prevention of Corruption Act. Thirdly, it was contended that as per the allegations made by the informant, he was to get the money for 119.94 quintals of paddy for which the petitioner demanded Rs.100/- per quintal to release the payment. Thus, the total amount being only Rs.11,994/-,the allegation that the petitioner demanded Rs.50,000/-for the same, is not believable. Lastly, it was submitted that the necessary requirements like demand by the present petitioner so as to accept the payment etc. have not been properly investigated into and hence, the charges leveled against the petitioner are liable to be quashed.