B.C. TRIPATHY Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioners, by filing this revision, have questioned the legality and propriety of an order dated 13.08.2018 as at Annexure-22 passed by the learned Special Judge, Vigilance, Cuttack in T.R. Case No.2 of 2013. By the said order, the learned court below has rejected the petition under section 227 read with section 239 of the Code of Criminal Procedure, 1973 (in short, ,,the Cr.P.C.) filed by these petitioners for their discharge in the case running for commission of offence under section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 (in short ,,the P.C.Act) and section 420/120-B of the Indian Penal Code (hereinafter ,,the IPC).

(2.) It is pertinent, at this stage, to mention that earlier these petitioners had approached this Court in CRLREV No.326 of 2018 questioning an order dated 5.4.2018 passed by the learned Special Judge, Vigilance, Bhubaneswar in T.R. Case No.2 of 2013 rejecting their application for discharge. By order dated 26.6.2018, this Court with the observation that said order is without any such reference and discussion of the materials on record as to the existence of prima facie case for the offences against the petitioners to frame charge; while setting aside the order had remanded the matter to the court below for fresh consideration of the petition and its disposal in accordance with law. The followings were the observations in the relevant paragraph of the order of the court below impugned therein:-

(3.) Briefly stated, the facts giving rise to the case are as under:-