GOBARDHAN ROUL Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. Prasanta Kumar Jena, learned counsel appearing for the petitioner and Mr. Prasanna Kumar Pani, learned Addl. Standing Counsel appearing for the Vigilance Department.

(2.) In this application under section 482 of Cr.P.C., the petitioner has challenged the impugned order dated 21.07.2003 passed by the learned Chief Judicial Magistrate, Balasore in V.G.R. Case No. 30 of 2000 in taking cognizance of the offences under sections 409, 468, 471 read with section 120-B of the Indian Penal Code and sections 7 & 8 of the Essential Commodities Act, 1955.

(3.) It appears that on 28.06.2000 on the basis of the first information report submitted by one A.K. Ashe, Inspector of police, Vigilance, Balasore Division, Balasore, Balasore Vigilance P.S. Case No. 30 of 2000 dated 28.06.2000 was registered under section 13(2) read with section 13(1)(c)(d) of the Prevention of Corruption Act and sections 468, 471, 409 read with section 34 of the Indian Penal Code and section 7 of the Essential Commodities Act against Suryanarayan Sahoo, Ex-Storage agent, Balasore Municipality and Atithi Charan Sahoo, ExMarketing Inspector, Balasore. After completion of investigation, charge sheet was submitted against the aforesaid two persons against whom the F.I.R. was registered so also the petitioner who is stated to be the Asst. Civil Supplies Officer.