Bamadev Sankhuala vs State Of Odisha (Vigilance)
2021 Latest Caselaw 10891 Ori

Citation : 2021 Latest Caselaw 10891 Ori
Judgement Date : 8 October, 2021

Orissa High Court

Bamadev Sankhuala vs State Of Odisha (Vigilance) on 8 October, 2021

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLMC No.1325 of 2021

            Bamadev Sankhuala                      ....        Petitioner
                                               Mr.P.Anup Das, Advocate

                                    -versus-
            State of Odisha (Vigilance)            ....       Opp. Party

                               Mr. Niranjan Maharana,ASC(Vigilance)



                      CORAM:
                      JUSTICE S. K. PANIGRAHI

                                     ORDER

Order No. 08.10.2021

04 1. This matter is taken up by virtual/physical mode.

2. Mr. P.Anup Das, learned Counsel for the petitioner and Mr. Niranjan Maharana, learned Additional Standing Counsel appearing for the Vigilance are present. Judgment prepared in separate sheets is delivered and pronounced in open Court in the presence of learned counsels for the parties and the order is passed accordingly as follows:-

3. In view of the authoritative pronouncement of the Hon'ble Supreme Court of India, the death of the star witness during the pendency of trial and in the light of the impugned charge order dated 20.01.2018 under Annexure-6 which suffers from the gross infirmities warranting interference of this Hon'ble Court u/s 482 Cr.P.C. Therefore, the continuance of the proceedings against the present petitioner will amount to abuse of // 2 //

process of court. Therefore, the entire proceedings in T.R. Case no. 72 of 2017 arising out of Cuttack Vigilance P.S. Case No. 28 of 2016 as well as the impugned order dated 13.11.2017 under Annexure-5, 20.01.2018 under Annexure-6 and order dated 20.01.2018 under Annexure-7 are quashed, in the interest of justice.

4. Accordingly, in terms of the aforesaid discussion and above cited decisions the instant CRLMC is allowed.

5. The CRLMC is accordingly disposed of.

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

(S. K. Panigrahi) Judge

LB/PCD