Sushama Sahu @ Susama vs State Of Odisha (Vigilance) .... Opp. ...
2024 Latest Caselaw 16912 Ori

Orissa High Court

Sushama Sahu @ Susama vs State Of Odisha (Vigilance) .... Opp. ... on 20 November, 2024

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                         CRLMC No.964 of 2024

             Sushama Sahu @ Susama           ....        Petitioner
                                        Mr. Rajeet Roy, Advocate
                                      Mr. T.P. Tripathy, Advocate

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

                                Mr. N. Moharana, ASC, Vigilance

         CORAM:
               JUSTICE SIBO SANKAR MISHRA

Order                      ORDER
 No.                     20.11.2024
 07.    1.     This   matter   is   taken   up   through   Hybrid

Arrangement (Virtual/Physical Mode).

2. Heard.

3. The petitioner is one of the accused along with her late husband in Cuttack Vigilance Cell P.S. Case No.03 of 2015. After investigation, charge sheet has been filed in the present case on 31.03.2021. After submission of charge sheet before the charges were framed against the petitioner, the principal accused i.e. husband of the petitioner has expired. At this stage, the petitioner has approached this Court by filing the present application seeking quashing of the amit entire criminal prosecution on the ground that the principal accused has already expired, hence even by taking the allegation made in the charge sheet at its face value no case is made out against her.

4. Mr. Moharana, learned counsel for the Vigilance Department submits that the petitioner is sought to be prosecuted along with her late husband/principal accused under the aid of Section 109 of IPC. The petitioner has put forth the specific defence trying to explain the asset acquired by her husband, which is stated to be disproportionate to no source of income of her husband.

5. Mr. Ray, learned counsel for the petitioner relying upon the judgment of this Court in the case of Smt. E. Swarnalata @ P. Swarnalata Vrs. State Of Odisha (Vigilance) reported in 2024 Online Orissa 1132 submits that the present case is squarely covered by the said judgment.

6. At this stage, I am not inclined to entertain this petition and delve upon the merits of the case, rather it expedient on the part of the petitioner to move an application seeking discharge before the learned trial Court to agitate all the issues. If such an application is moved, the same shall be considered on its own merit. It is made clear that this Court has not expressed any opinion on the merits of the case.

7. The CRLMC is accordingly disposed of.

Digitally Signed Judge

Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-Nov-2024 11:32:27