SAROJ KUMAR MAHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS application under Section 482 Cr.P.C. has been filed by the petitioner invoking the inherent jurisdiction of this Hon'ble Court to quash the order of cognizance dated 29.07.2002 passed by the Special Judge (Vigilance), Berhampur, in G.R. Case No. 29 (Vig.) of 1998, taking cognizance of offence under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act ('P.C. Act' for short).

(2.) THE main contention of the petitioner is that even accepting the allegations made in the F.I.R. to be true, no case is made out against the petitioner with regard to the offence alleged. Further, neither the accompanying documents nor statements recorded during investigation Under Section 161 Cr.P.C. implicate the petitioner in any manner. It is further plea of the petitioner that the impugned order of cognizance dated 29.07.2002 does not disclose the prima facie satisfaction of the trial Court with regard to the complicity of the petitioner in the alleged offence.

(3.) IN the instant case, the Special Judge (Vigilance), Berhampur, in his order dated 29.07.2002 has not made any mention with regard to the prima -facie satisfaction regarding availability of materials for taking cognizance against the petitioner. The impugned order of cognizance is extracted below: