LAXMIDHAR PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner has filed this application under Sec. 407 read with Sec. 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 Sec. 13(2) read with Sec. 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.) Subsequently during pendency of the said Vigilance G.R. Case No. 110 of 1999 before the learned Special Judge (Vigilance), Bhubaneswar, the Inspector of Police, Vigilance, Nabarangpur lodged an F.I.R. dated 27.12.1998 before the Suptd. of Police, Vigilance, Berhampur Division, Berhampur against the Petitioner, while he was working as Executive Engineer, Rural Division, Bhawanipatna, for possessing disproportionate assets to his known and legal source of income for the period from 21.1.1996 to 10.12.1998. The said FIR was registered as Berhampur Vigilance P.S. Case No. 61 of 1998 under Sec. 13(2) read with Sec. 13(1)(e) of the P.C. Act, corresponding to Vigilance G.R. Case No. 2 of 1999 in the Court of Chief Judicial Magistrate, Berhampur.