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2024 Supreme(SC) 1219

C. T. RAVIKUMAR, SANJAY KAROL
State of Orissa – Appellant
Versus
Pratima Behera – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Shibashish Misra, AOR
For the Respondent(s): Mr. Sb Upadhyay, Sr. Adv. M/S. Aura & Co., AOR Mr. Lalitendu Mohapatra, Adv.

JUDGMENT

C.T. RAVIKUMAR, J.

1. In this Appeal by Special Leave, the appellant challenges the judgment dated 31.01.2017 passed by the High Court of Orissa, Cuttack in Criminal Revision No.381 of 2016. The said Revision Petition was filed by the respondent herein challenging the order dated 05.03.2016 passed by the Court of Special Judge (Vigilance), Balasore, in T.R. Case No.43 of 2013 whereunder it rejected the application of the respondent under Section 239 of the Code of Criminal Procedure, 1973 (for short, “the Cr.P.C.”) for discharge and the challenge against framing of charge under Section 109 of the Indian Penal Code, 1860 (for short, “the IPC”) read with Section 13(1)(e) punishable under Section 13(2) of the Prevention of Corruption Act, 1988 (for short, “the PC Act”). As per the impugned judgment dated 31.01.2017, the High Court set aside the framing of charge under the aforementioned sections of the said enactments and discharged the respondent under Section 239 of the Cr. P.C.

2. Heard the learned counsel for the petitioner-State and the learned senior counsel appearing for the respondent.

3. The facts in brief necessary for the disposal of this Appeal are as follows: -

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