Debasmita [email protected] vs State Of Orissa (Vig)
2022 Latest Caselaw 2166 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CRLMC No.17 of 2022
             Debasmita [email protected]                  ....          Petitioner
                                                       Mr. D. Panda, Advocate
                                           -versus-
             State of Orissa (Vig)                  ....       Opposite Party
                     Mr. D. Moharana, Standing Counsel for State (Vigilance)
                           CORAM:
                           JUSTICE B. P. ROUTRAY
                                      ORDER

08.04.2022 Order No.

06. 1. Heard Mr. D. Panda, learned counsel for the Petitioner as well as Mr. D. Moharana, learned Standing Counsel for the State (Vigilance).

2. Initially Balasore Vigilance P.S. Case No.29, dated 1.6.2015 was registered against the husband of the Petitioner, who was serving as Specialist in Surgery at DHH, Keonjhar as principal offender along with present Petitioner as abetor. The charge-sheet was submitted on 27.11.2020 and pending investigation, the husband of the petitioner died on 24.5.2020. The offences are under Secs.13(2) read with Sec.13(1)(e) of the P.C. Act, 1988 and Sec.109, I.P.C against the Petitioner.

3. In course of hearing two questions arise, viz., (i) whether, after death of the principal offender, the abettor can be prosecuted alone for the offences, and secondly, (ii) whether any prima facie case is made out against the Petitioner for abetting the offences being the wife of the principal offender, and if so, which clause of Section 107, I.P.C. applies.

4. Mr. D. Panda, learned counsel for the Petitioner in support of his contention cites the decisions of the Supreme Court in the cases of Faguna Kanta Nath vs. State of Assam, AIR 1959 SC 673, Jamuna Singh vs. State of Bihar, AIR 1967 SC 553 and the decision of Delhi High Court reported in 2004 Delhi Law Times

652. He further submits that a similar question that, whether the wife of a deceased-public servant could be prosecuted with aid of Section 109, I.P.C., is pending consideration before the Hon'ble Supreme Court in SLP (Criminal) No.5211/2019 arising out of a judgment of this Court in the case of Arati Sahoo @ Behera vs. State of Orissa (Vig.), 2019(I) ILR-CUT-694.

5. On the other hand, Mr. D. Moharana, learned Standing Counsel for the State (Vigilance) relies on the decisions of the Supreme Court in the case of Wakil Yadav and another vs. State of Bihar, 2001 SCC (Cri) 1499 and the decision of the Delhi High Court in the case of Sidharth Verma vs. CBI, (2010) 4 CCR 214.

6. Heard in part.

7. List this matter on 6th May, 2022.

8. In the meantime, if a petition is filed praying for time by the Petitioner before the learned trial court, the same shall be considered liberally.

9. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge B.K. Barik