RABINDRA MAHANTA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard Mr Ashok Mohanty, learned Sr. Advocate for the petitioner and Mr. N.C. Panigrahi, learned Sr. Advocate for the Vigilance Department.

(2.) Order dated 05 06.2017 passed by the Special Judge (Vigilance) Keonjhar in VGR Case No. 05 of 2013 framing charge against the petitioner under Sections 13(2) read with Section 13(1)(c)(d) of the Prevention of Corrupted Act. 1988 and under Sections 420/468/409/379/120-B, IPC is challenged in this application.

(3.) It is submitted by the learned counsel for the petitioner that the Trial Court having not supplied the copies of some documents on which the prosecution relies, on the ground that the documents were voluminous the petitioner ha approached this Court in CRLMC No 3489 of 2016 and that by order dated 19.01.2017 this Court passed order in the said CRLMC directing the Trial Court to supply copies of those documents to the petitioner on payment of cost for preparation of copies. In pursuance to the aforesaid order the petitioner prayed before the Trial Court for supply of copies in his petition dated 20.05.2017 and the said petition was allowed by the Trial Court by order dated 05.06.2017 Even though cost for preparation of copies were not assessed and intimated and copies were not supplied to the petitioner, on the very same day by a later order charges have been framed against the petitioner and other co-accused persons. It is submitted that since the petitioner was in possession of relevant documents and papers on which the prosecution relies, the petitioner's counsel was in a position to participate in the hearing on charge, and, therefore, the impugned order is unsustainable.