PRATIMA MOHANTY Vs. STATE OF ODISHA (VIG )

JUDGEMENT

(1.) The petitioner Pratima Mohanty in CRLMC No.3177 of 2017 and the petitioners Bibhuti Bhusan Ray, Rajendra Kumar Samal, Parsuram Biswal and Prakash Chandra Patra in CRLMC No.4804 of 2015 have filed these criminal miscellaneous applications under section 482 of the Code of Criminal Procedure for quashing the impugned order dated 18.08.2014 passed by the learned Special Judge, (Vigilance), Bhubaneswar in T.R. No.30 of 2014 in taking cognizance of offences under section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereafter '1988 Act') and section 420 read with section 120-B of the Indian Penal Code and issuance of process against them. The said case arises out of Bhubaneswar Vigilance P.S. Case No.31 of 2005.

(2.) The prosecution case, as per the first information report dated 08.11.2005 lodged by K.S. Balabantray, Deputy Superintendent of Police, Vigilance, Vigilance Cell Unit Office, Bhubaneswar before the Superintendent of Police, Vigilance, Bhubaneswar Division, Bhubaneswar, in short, is that a preliminary enquiry was taken up basing on the credible source information that certain public servants occupying crucial position in Bhubaneswar Development Authority (hereafter 'B.D.A.') and in the Housing and Urban Development Department, Government of Odisha (hereafter 'H. & U.D. Deptt.') surreptitiously distributed prime plots in Commercial Complex District Centre, Chandrasekharpur, Bhubaneswar,.

(3.) On the basis of such F.I.R., Bhubaneswar Vigilance P.S. Case No.31 of 2005 was registered under section 13(2) read with section 13(1)(d) of the 1988 Act and section 120-B of the Indian Penal Code.