Sudhir Chandra Swain Vs State of Odisha(Vig.)

Heard learned counsel for the Petitioner as well as the learned Standing Counsel for the Vigilance Department. Perused the CRLMC application as well as the prayer made therein.

¶17

The Petitioner, who is an accused in a vigilance trial bearing T.R. Case No.46 of 2011 which arises out of Bhubaneswar Vigilance P.S. Case No.16 of 2010, has approached this Court by filing the present application with a prayer for a direction for early disposal of the T.R. Case No.46 of 2021 by the learned Special Judge, Vigilance, Bhubaneswar.

¶18

Learned counsel for the Petitioner at the outset contended that although the FIR was registered in the year 2010 and on the basis of such vigilance FIR a corresponding T.R. Case was also registered in

¶19

Page 1 of 3.

¶20

the year 2011, however, the trial has not concluded despite passage of one and half decade in the meantime. Learned counsel for the Petitioner further contended that most of the prosecution witnesses have been examined, it is only due to failure on the part of the prosecution to produce the I.O. that the trial is lingering. As a result of which, the Petitioner is seriously prejudiced.

¶21

Learned Standing Counsel appearing for the Vigilance Department, on the other hand, contended that the trial has progressed in the meantime, but some more time is required so that the Vigilance Department may will take necessary steps for appearance of the I.O. in the present case. On such ground, learned Standing Counsel appearing for the Vigilance Department sought for some more time.

¶22

During the pendency of the present application, this Court had called for a report from the learned Special Judge, Vigilance, Bhubaneswar. A report was placed before this Court by the registry dated 22.04.2026. On perusal of the said report, it appears that eight out of ten charge-sheeted have already been examined by the prosecution and that the prosecution has declined to examine one charge-sheet witness. Accordingly, only the I.O., who is a witness from the side of the prosecution is left out. With regard to the I.O. the learned Special Judge, Vigilance, Bhubaneswar has observed that despite repeated instructions and directions, the prosecution has failed to produce the I.O. to depose before the learned trial Court.

¶23

Upon hearing the learned counsels appearing for both sides and on a careful examination of the record as well as the report submitted by the learned Special Judge, Vigilance, Bhubaneswar,

¶24

Page 2 of 3.

¶25

this Court directs the vigilance authorities to take necessary steps to ensure that the I.O. of the case appears before the learned trial Court within two weeks, failing which it shall be open to the Vigilance Department to take necessary departmental action against the concerned I.O. Further, it is directed that in the event the I.O. again fails to appear within two weeks hence, it will be open to the learned trial Court to close evidence from the side of prosecution and proceed further in the trial. Considering the fact that the case is of the year 2010, the learned trial Court is directed to take every step to ensure that the trial is concluded as expeditiously as possible, preferably within a period of four months from the date of communication of a copy of today’s order.

¶26

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

¶27

( Aditya Kumar Mohapatra ) Judge

¶28

S.K. Rout

¶29

Signature Not Verified

¶30

Digitally Signed Signed by: SANTANU KUMAR ROUT Page 3 of 3. Reason: Authentication Location: High Court of Orissa, C utta ck Date: 30-Jul-2026 10:28:53

Sudhir Chandra Swain v. State of Odisha(Vig.)

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Sudhir Chandra Swain v. State of Odisha(Vig.)

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