KAMAL KUMAR NANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Kamal Kumar Nanda with a prayer to quash the impugned order dated 19 07.2016 passed by the learned Special Judge (Vigilance), Bolangirin C.T.R Case No 1 of 2012 in framing charge under Section 12 of the Prevention of Corruption Act, 1988 (hereafter'1988 Act') and Sections 181 and 182 of the Indian Penal Code.

(2.) The petitioner was the complainant-decoy in a trap case vide C.T.R. Case No. 5 of 2008 which arises out of Sambalpur Vigilance P.S. Case No. 25 of 2007 in the Court of learned Special Judge (Vigilance), Bolangir in which one Subhanath Majhi, Junior Engineer was the accused who was chargesheeted under Section 13(2) read with Section 13(1 )(d) and section 7 of the 1988 Act During course of trial, the petitioner was examined as a witness but he retracted from his previous statements recorded under Sections 161 and 164 of Cr.P.C. and the accused Subhanath Majhi was acquitted of the charges.

(3.) At the time of framing of charge on 16.02.2016, the petitioner filed a petition under Section 239 of Cr.P.C. for discharge. The learned Trial Court rejected the petition vide order dated 19.07.2016 and framed charge against the petitions on the very day under Section 12 of the 1988 Act and Sections 181 and 182 of the Indian Penal Code which is impugned in this revision petition The charge was read over and explained to the petitioner who refuted. the charge, pleaded not guilty and claimed to be tried: The charge framed by the learned Trial Court is extracted herein below: