AGANI CHARAN BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Agani Charan Behera has filed this application under section 482 of the Code of Criminal Procedure, 1973 for quashing the charge sheet and the entire criminal proceeding against the petitioner in V.G.R. Case No.39 of 2001 arising out of Cuttack Vigilance P.S. Case No.39 of 2001 pending on the file of learned Chief Judicial Magistrate, Cuttack (hereafter 'the trial Court'). In the said case, the learned trial Judge as per order dated 07.09.2013 framed charges under sections 406/120- B of the Indian Penal Code against the petitioner and co-accused persons Debadatta Das and Saroj Kumar Mishra.

(2.) On 15.10.2001 Sri P.K. Routray, Inspector of Police, Vigilance, Cuttack Division, Cuttack presented the first information report before the Superintendent of Police, Vigilance, Cuttack Division, Cuttack stating therein that he received reliable information on 110.2001 at 3.00 p.m. that the rice allotted under 'Food for work programme' to Saline Embankment Division, Cuttack stored at Jagatpur Godown, without being given to the labourers, are being disposed of at Malgodown, Cuttack in truck no.OSC 6731. The informant along with other police officials proceeded to Malgodown to verify the information. On reaching at Malgodown, they found truck no. OSC 6731 had been parked near the godown of M/s. Patra Traders being loaded with rice bags. The driver and helper of the truck so also the labourers who were unloading the rice bags from the truck fled away leaving the truck. On search, 200 bags of rice weighing 50 Kg. each were seized along with the vehicle. The vehicle was given in the zima of one B.K. Mohanty in presence of witnesses.

(3.) This CRLMC petition was filed on 012.2012 annexing the F.I.R., copy of letter dated 01.06.2001 issued by the Executive Engineer, Saline Embankment Division, Cuttack to the District Manager, FCI, Cuttack and copies of hand receipts and charge sheet dated 27.09.2002. This Court vide order dated 05.11.2013 in Misc. Case No.28 of 2012 granted interim stay of further proceeding of the case before the trial Judge. During the midst of hearing, a Misc. Case was filed by the learned counsel for the petitioner for amendment of the petition annexing the order dated 27.01.2004 by virtue of which cognizance of offences under sections 406/120-B of the Indian Penal Code was taken on receipt of charge sheet, the order dated 20.05.2011 by virtue of which the discharge petition filed by the petitioner under section 239 of Cr.P.C. was rejected and the order dated 07.09.2013 by virtue of which charges were framed by the learned trial Judge. The Misc. Case was allowed and a consolidated petition was filed.