KAMALA BASINI MOHANTY Vs. STATE OF ODISHA

JUDGEMENT

(1.) The order dated 1.8.2018 passed by the learned Special Judge, Special Court, Cuttack in T.R.Case No.6 of 2013 rejecting the prayer of the petitioner for discharge has been assailed in the present petition.

(2.) The petitioner along with her husband are accused in the aforesaid case for alleged commission of offence under Sections 13(2) and 13(1) (e) of the Prevention of Corruption Act, 1988. The petitioner was the District Inspector of Schools while her husband was serving as Soil Conservation Officer, Dhenkanal. On the allegation of possessing assets disproportionate to their income to the extent of Rs.31, 14, 741.07p, chargesheet was filed before the court below against both the accused persons and the check period is from 1.1.1980 to 26.12.2001.

(3.) Before framing of charge, the petitioner prayed for her discharge under Section 239 of the Code of Criminal Procedure. She inter alia had taken a stand that the allegations levelled against her regarding commission of offence are not true and she being a Government servant started her service career in the year 1972 as an Assistant Teacher, but the Vigilance Department had wrongly accounted the income, expenditure and assets of both the husband and wife jointly to show disproportionate increase of assets to the extent of 99% to their income and moreover, she being not an officer holding high public office should not be tried before the Special Court. The learned court below considering the prayer of the petitioner and to such averments made by her has rejected it by the impugned order under Annexure-5.