Nrusingha Charan Behera Vs State Of Orissa (Vigilance) & Another

Orissa High Court 11 Jan 2024 CRLMC No. 3378 Of 2023 (2024) 01 OHC CK 0110
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

CRLMC No. 3378 Of 2023

Hon'ble Bench

S.S. Mishra, J

Advocates

Suryakanta Dwibedi, Niranjan Maharana

Final Decision

Disposed Of

Acts Referred
  • Code of Criminal Procedure, 1973 - Section 482
  • Indian Penal Code, 1860 - Section 34, 409, 420, 468, 471, 477A
  • Prevention of Corruption Act, 1988 - Section 13(1)(c), 13(1)(d), 13(2)

Judgement Text

Translate:

S. S. Mishra, J

1.   Heard.

2. The petitioner has invoked the jurisdiction of this Court under Section- 482 Cr.P.C. seeking quashing of the criminal prosecution initiated against him by the opposite parties in T.R. Case No.29 of 2008 pending before the learned Special Judge (Vigilance), Cuttack.

3. The F.I.R. in Cuttack Vigilance P.S. Case No.34 was registered on dated 29.09.1999 for the offences under Sections-409/ 468/ 420/ 471/ 477A/34 IPC read with Sections 13(2) r/w 13(1)(c)(d) of the Prevention of Corruption Act, 1988 in T.R. Case No.29 of 2008. Although the closure report was filed by the prosecution on 30.12.2000, further investigation was directed in the case. After obtaining the sanction from the competent authority on 30.04.2003, again the charge sheet was filed on 23.12.2008 accompanying the sanction granted by the competent authority with the said charge sheet.

4. I have perused the proceeding sheets which indicate that the petitioner is largely dillydallying the trial which led to the prolongation. At the same time, the prosecution was also lethargic in prosecuting the case at the pace it is supposed to be.

5. Having noted the said facts, it is apparent that the case is pending since last three decades. While exercising the inherent jurisdiction of this Court, I am inclined to direct the learned trial Court to dispose of the trial in T.R. Case No.29 of 2008 pending before the learned Special Judge (Vigilance), Cuttack in Cuttack Vigilance P.S. Case No.34, dated 29.19.1999 for the offences under Sections-409/468/420/471/477A/34 IPC read with Sections 13(2) r/w 13(1)(c)(d) of the Prevention of Corruption Act in T.R. Case No.29 of 2008 as expeditiously as possible, not later than three months hence. The petitioner being the accused is to extend fullest cooperation. Learned trial Court shall not grant unnecessary adjournment on any pretext and conclude the trial, as directed.

6. The CRLMC is disposed of with the aforementioned direction.

.……………………………..

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