KHETRABASI DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Order Dated 16 -08 -2001 passed by the Special Judge (Vigilance), Bhubaneswar in T.R. Case No. 28 of 1993 refusing to recall the order taking cognizance and drop the proceedings of the said case is assailed in this CRMC.

(2.) THE Petitioner was serving as the Superintendent of Excise, Cuttack. On the basis of an FIR filed by the Deputy Superintendent of Police (Vigilance) alleging misappropriation of huge amount from Government exchequer and commission of other financial irregularities and overt -acts by the Petitioner, Vig. G.R. Case No. 28 of 1988 was registered. The said case was subsequently registered as the aforesaid T.R. Case in the Court of the Special Judge (Vigilance), Bhubaneswar.

(3.) MR . G.N. Mohapatra, Learned Counsel appearing for the Petitioner, contended that the Court below acted illegally and with material irregularity, inasmuch it did not appreciate the arguments advanced. It is submitted that the procedure for filing of FIR after conducting raid was not legal and that aspect was not kept in mind of the Learned Court below.