SRI LAXMLDHAR PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner has filed this application under Section 407 read with Section 482 Code of Criminal Procedure invoking the inherent jurisdiction of this Court for transfer of Vigilance G.R. Case No. 2/99 (T.R. No. 14 of 2003) pending in the Court of Special Judge (Vigilance), Berhampur to the Court of Special Judge (Vigilance), Bhubaneswar.

(2.) THE background facts of the case is that the Petitioner while working as Assistant Executive Engineer at Bhawanipatna was accused of possession of assets disproportionate to his known source of income and accordingly an F.I.R. dated 6.2.1996 was lodged by the Inspector of Vigilance, Cuttack Division for the offence under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 (for short the "P.C. Act") for the check period from 1.1.1971 to 20.1.1996. The said F.I.R. was registered as Cuttack Vigilance P.S. Case No. 4 of 1996, corresponding to Vigilance G.R. Case No. 110 of 1999 in the Court of Special Judge (Vigilance), Bhubaneswar.

(3.) THE case of the Petitioner is that the Supdt. of Police (Vigilance), Berhampur vide his letter dated 7.10.1999 prayed for transfer of the records of Vigilance G.R. Case No. 2 of 1999 to the Court of the Chief Judicial Magistrate, Cuttack where the other case against the Petitioner, i.e., Cuttack Vigilance P.S. Case No. 4 of 1996 was pending, corresponding to Vigilance G.R. Case No. 110 of 1999. The learned Chief Judicial Magistrate, Berhampur vide order dated 16.11.1999 directed the record be sent to Chief Judicial Magistrate, Cuttack, for being dealt with in Cuttack Vigilance P.S. Case No. 4 of 1996. Consequently, the records were transferred to the Chief Judicial Magistrate, Cuttack.