ORIGINAL JURISDICTION - Orissa High Court

2010 ( I ) ILR-CUT- 337
M.M.DAS, J.
SAROJ KUMAR PANDA -V- STATE OF ORISSA.*
JANUARY 11,2010.
PREVENTION OF CORRUPTION ACT,1988(ACT NO.49 OF1988) –
SEC.13(1)(c) (d) & (2) r/w SEC.120-B IPC.
Petitioner is the proprietor of a private firm – He can not be
implicated for an offence under the P.C.Act.
No material to show the commission of offence of conspiracy –
No statement showing meeting of mind between the two accused
persons – Prosecution failed to make out a case U/s.120-B IPC. – Held,
order of cognizance passed by the learned Special Judge (Vigilance),
Bhubaneswar against the petitioner is quashed. (Para 4 & 5)
For Petitioner – M/s.P.R.Dash, J.K.Sahoo, K.Raj, S.K.Mohapatra
& D.P.Mishra.
For Opp.Party – Addl.Standing Counsel.
*CRLMC. NO. 2536 OF 2003. In the matter of an application under section
482 of the Code of Criminal Procedure.
This application under section 482 Cr.P.C. has been filed by the petitioner,
who is the Proprietor of J.K. Printers, for quashing the order of cognizance
dated 26.7.2002 passed by the learned Special Judge (Vigilance),
Bhubaneswar in T.R. Case No. 54 of 2002, against him.
2. The prosecution case in brief is that the accused no.1 – Hrusikesh
Mallick is the Ex-Secretary of Children’s Literature Committee, Bhubaneswar
and is a public servant. He showed undue favour to the accused no. 2
(petitioner herein) by entrusting him to publish 24 nos. of manuscripts of
selected writings of eminent writers of the State to be supplied to 12760
numbers of primary schools of the State. The accused no.1 entered into an
agreement with the accused no.2 (petitioner) on 28.11.1992 for printing the
above books. The petitioner was supplied with papers worth Rs. 8,09,424/-
and required amount towards printing charges and other expenses totaling
to Rs. 20,80, 151/- (including cost of paper). The petitioner supplied 69, 120
numbers of books worth Rs.5,52,960/- and did not supply the remaining
books worth Rs.18,96.960/-. After completion of investigation, charge sheet
no. 478 dated 27.12.2000 was submitted for alleged commission of offence
under section 120-B I.P.C. read with sections 13 (2) and 13 (1)(c)(d) of the
Prevention of Corruption Act, 1988.
3. Mr. P.R. Dash, learned counsel for the petitioner submitted that there
is no material available on record to even prima facie show commission of
the aforesaid offence by the petitioner, more specifically, offence under
section 120-B IPC . None of the ingredients of section 120-B IPC are
revealed from the materials collected during the investigation. Mr. Dash
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