Dismissed

Lingaraj Jena v. State

Orissa HC7 Dec 2021CRLMC/1064/2013

Case brief

AI extract

What is this about?

The High Court of Orissa, Cuttack disposed of a criminal miscellaneous application challenging the investigation and cognizance under the Prevention of Corruption Act. The court held that prima facie the petitioner falls within the definition of a public servant and no statutory bar exists, thus dismissing the quashment prayer.

What did the court decide?

Application for quashment of the FIR and investigation held to be without substance and dismissed.

Lingaraj Jena Vs State — Corruption | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.1064 of 2013

Lingaraj Jena

Petitioner

-versus-

State of Odisha

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Opposite Party

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CORAM:

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THE JUSTICE S.PUJAHARI

Order No.

ORDER 07.12.2021

This matter is taken up through Hybrid mode.

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This application under Section 482 Cr.P.C. has been filed by the Petitioner for quashment of the FIR vide Bhubaneswar Vigilance P.S. Case No.43 of 2012 corresponding to V.G.R. Case No.43 of 2012 pending before the learned Special Judge, Vigilance, Bhubaneswar. However, in the meanwhile, cognizance having already been taken, the same is challenged during the course of argument.

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Heard the learned counsel for the Petitioner and the learned counsel for the Vigilance.

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It is the submission of the learned counsel for the Petitioner that the Petitioner’s implication under the P.C. Act as well as for possession of disproportionate assets is without any substance as he being a part time employee could not be said to be a public servant and accumulated the wealth disproportionate to his known source of income as his income

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from his other business is not taken into consideration while computing the alleged disproportionate assets.

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However, learned Standing Counsel drawing the notice of the Court to the statutory provision submits that the stand taken by the Petitioner that he is not a public servant, is fallacious. So also his other known source of income during the check period has been taken into consideration for computation of the disproportionate assets, while filing charge sheet against him. Hence, the prayer for quashment of the FIR lodged as well as the consequential order of cognizance, is without any substance.

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On consideration of the facts and the submissions made, especially materials placed on record, prima facie the Petitioner is coming within the definition of public servant and a case under the P.C Act for possession of disproportionate assets is there against the Petitioner. No statutory bar for initiation of the criminal proceeding under the P.C Act against him is also brought to the notice of the Court. So also the allegations made cannot be stated to be inherently improbable. Hence, this Court is of the view that the prayer made by the Petitioner for quashment of the FIR and consequential investigation as well as cognizance taken in the meanwhile, is without any substance. Since charge sheet in the aforesaid has been filed and cognizance has been taken, however, the Petitioner is at liberty to approach the court concerned while framing the charge, if so advised, and in that event, the court concerned shall look into the materials available on record and

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the contentions raised by the Petitioner and pass necessary order whether any material is there to proceed against the Petitioner or not to face the trial, without being influenced by this order, inasmuch as during framing of the charge, the Court has to sift the materials collected taking note of the contentions raised as the said scope is not there with the court during the time of cognizance.

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With the aforesaid order, this Criminal Misc. Case stands disposed of.

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Urgent certified copy of this order be granted on proper
application.

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(S. Pujahari)
Judge
PKS

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Lingaraj Jena v. State

Case brief

What is this about?

What did the court decide?

Lingaraj Jena v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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