Allowed

State of Orissag.a. Dept. v. Dr.Brahmananda Dash

Orissa HC7 Mar 2019TRPCRL/79/2016

Case brief

AI extract

What is this about?

An application under section 407 Cr.P.C. sought transfer of a disproportionate assets case from Balangir to Sambalpur Vigilance Court due to jurisdictional grounds, as the cause of action arose in Bargarh. The court approved the transfer after confirming the trial had not commenced and the respondent was absent.

What did the court decide?

Transfer of V.G.R. Case No.08 of 2012 from Court of Special Judge, Vigilance, Bolangir to Court of Special Judge, Vigilance, Sambalpur.

State of Orissag.a. Dept. Vs Dr.Brahmananda Dash — Civil Procedure and Limitation | Orissa HC (2019)

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TRPCRL No. 79 of 2016

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07.03.2019

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Heard Mr. Srimanta Das, learned Senior Standing Counsel for the Vigilance Department is present.

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In spite of valid service of notice on sole opposite party Dr. Brahmananda Dash, none appears on his behalf.

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This is an application under section 407 of Cr.P.C.

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The State of Odisha (G.A. Department) has sought for transfer of V.G.R. Case No.08 of 2012 arising out of Sambalpur Vigilance P.S. Case No. 27 of 2012 pending before the learned Special Judge, Vigilance, Bolangir to the Court of learned Special Judge, Vigilance, Sambalpur.

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skb

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Learned Senior Standing Counsel for the Vigilance Department submitted that it is a disproportionate assets case and initially the trap was laid in the residential Govt. quarter of the accused located inside the District Headquarters Hospital campus, Bargarh and thereafter, during course of enquiry, a disproportionate assets case was also instituted and since the cause of action took place in Bargarh, it comes within the jurisdiction of learned Special Judge, Vigilance, Sambalpur but inadvertently the F.I.R. was registered before the Court of learned Special Judge, Vigilance, Balangir.

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Learned counsel for the Vigilance Department pointed out from the order dated 03.05.2014 passed by the Special Judge, Vigilance, Balangir wherein the learned Judge has also observed by the entire cause of action took place in Bargarh which comes within the jurisdiction of Special Judge, Vigilance, Sambalpur.

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Considering the submission made by the learned

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counsel for the petitioner and after going through the averments taken in the transfer application, since the cause of action arose within in Bargarh, the V.G.R. Case No.08 of 2012 arising out of Sambalpur Vigilance P.S. Case No. 27 of 2012 which is pending before the learned Special Judge, Vigilance, Bolangir be transferred to the Court of learned Special Judge, Vigilance, Sambalpur.

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This order is passed taking into account the submission which has been made by learned Senior Standing Counsel that the trial has not commenced. If the trial has already commenced then this order shall not be given effect to.

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With the aforesaid observation, the transfer petition is disposed of.

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Free copy of the order be handed over to the learned Senior Standing Counsel for the Vigilance Department.

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………………….. S. K. Sahoo, J.

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State of Orissag.a. Dept. v. Dr.Brahmananda Dash

Case brief

What is this about?

What did the court decide?

State of Orissag.a. Dept. v. Dr.Brahmananda Dash

Case brief

What is this about?

What did the court decide?

What the court decided

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