ORDER

1. The Special Judge, Vigilance, Bhubaneshwar, by order dated 20-9-1999, held that in face of existence of prima facie case under Section 13(1)(e) of the Prevention of Corruption Act, 1988 (for short "the Act"), punishable under Section 13(2) of the Act, charge against the respondent-accused under the said section deserves to be framed. The above order framing charge has been quashed by the High Court by the impugned common judgment rendered on writ petition (OJC No. 12753 of 1999) and Crl. Misc. Case No. 5021 of 1999 filed under Section 482 CrPC by the accused. The High Court allowing both the petitions has further held that the order taking cognizance has become non est. The State is in appeal on grant of special leave.

2. In order to appreciate the respective contentions, it is necessary to notice, in brief, the facts as under:

For the period from 1980 to the end of 1989, the respondent was a Minister holding different portfolios from time to time. On 29-9-1990, a case under, Section 13(2) read with Section 13(1) (e) of the Act for acquisition of disproportionate assets was registered against the respondent. The period under consideration was from June 1980 to November 198