ARATI SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this CRLMP, the petitioner has assailed the order dated 09.08.2018 passed by the learned Special Judge, Special Court, Cuttack in T.R. Case No.15 of 2008, rejecting her application to drop the proceeding initiated against her of the charge under Sections 13 (1)(e) read with 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the P.C. Act") and Section 109 of the Indian Penal Code, 1860 (hereinafter referred to "as the I.P.C.").

(2.) Brief facts of the case is that a criminal case under Sections 13(1)(e) read with 13(2) of the P.C. Act and Section 109 of the I.P.C. was initiated bearing T.R. No.15 of 2008 in the court of the learned Special Judge, Special Court, Cuttack against the petitioner and her late husband. Obviously, the allegation was that the husband of the petitioner, who was a public servant, was in possession of disproportionate assets and hence, charge-sheet filed against him under Section 13(1)(e) read with 13 (2) of the P.C. Act. Whereas most of the properties stands in the name of the petitioner, who is not a public servant and admittedly, she is not an income tax assessee, the charge under Section 13(1)(e) read with 13(2) of the P.C. Act and Section 109 of the I.P.C. has been framed against her. Fifty-seven witnesses have been examined. The accused-public servant, who happens to be the husband of the petitioner died and the case abated against him. Thereafter, the present petitioner filed an application before the learned Special Judge, Special Court, Cuttack that the criminal case cannot be continue against her, in view of the death of her husband, the main accused. That application was heard and disposed of by the learned Special Judge, Special Court, Cuttack on 09.08.2018. While dealing with the same, the learned Special Judge, Special Court, Cuttack said that even in case of death of the main offender, the case shall stand against the abettor.

(3.) In assailing the findings of the learned Special Judge, Special Court, Cuttack, learned counsel for the petitioner relies upon the exact words used in Section 13 of the P.C. Act wherein the criminal misconduct by a public servant has been defined. Relevant portions of Section 13 of the P.C. Act are quoted as follows: