Criminal proceedings require specific allegations and attributed overt acts. When a charge-sheet lacks individual specificity and similarly situated co-accused have been exonerated, the principle of parity necessitates similar relief to prevent the abuse of the judicial process and protect the individual from baseless criminal trials.

JUDGMENT :

PRASANNA B. VARALE, J.

1. Leave granted.

2. The present criminal appeal arises out of a judgment and order dated April 10, 2023, passed by the High Court of Orissa at Cuttack in CRLMC No. 1505 of 2022 whereby the High Court dismissed the discharge application of the Appellant herein.

BRIEF FACTS

3. The factual matrix of the case is that an FIR was lodged on 23.07.2001 against the Appellant along with other accused persons under Sections 13(2) read with Section 13(1)(d) of the P.C. Act, 1988 (Hereinafter referred to as ‘PC Act’) and under Sections 471/477A/ 120-B of the Indian Penal Code, 1860 (Hereinafter referred to as ‘IPC’), and 27 of the Orissa Forest Act. It is in the F.I.R. that M/s Keshari Traders of Jeypore was appointed as Raw Materials Procurer (Hereinafter, referred to as ‘R.M.P’) by the Managing Director, O.F.D.C., Ltd., Bhubaneswar in, Letter No. 34244, dated 27.12.1999 in pursuance of the order of the Government in Forest and Environment Department Vide letter No. 22249, dated 23.12.1999 to salvage wind faller timber from the Chitrakonda and Kalimela Ranges of Jeypore Forest Division. The RMP started salvage operation during January, 2000 and has lifted 204.3890 Cum timber (7154 Cft.) from the Depot of to Rajhmandri (Andhra Pradesh) by depositing royally amount of Rs. 10,20,245.00 and commission of Rs.2,47,001/-. The Government of Orissa the O.F.D.C. has imposed total moratorium on felling of standing trees in the Forest in G.O. No. 22464/F & E., dated 25.11.1997. In the back drop of such Government policy the application of M/s Keshari Traders has been entertained and recommended by the Forest Department as well as O.F.D.C., Officials for salvage operation of timber in Jeypore Forest Division under the pretext of Naxalite problem, intervening salvage clearance of departmental officials without any basis. The tender of M/s Keshari Traders was accepted out of three tenderers only for the purpose of transportation of salvage Timber from Forest Floor to the Depot of O.F.D.C.. Further, in the F.I.R. it is mentioned that the Government has approved the Terms and conditions for salvage operation by the R.M.P. formulated by a high power Committee constituted for the purpose. The approved Terms and Conditions were sent to the P.C.C.F, Orissa, Conservator of Forest, Koraput, D.F.O., Jeypore, D.M. (C), O.F.D.C., Malkangiri alongwith the appointment order. As per sub-Clause-4 under the clause Depot of approved terms and conditions after receipt of the timber at the Depot of the O.F.D.C., the sale value of the timber has to be collected from the R.M.P. and then the R.M.P. will be allowed to lift the timber from the Depot. But in gross violation of the aforesaid approved terms and conditions the R.M.P. was allowed by the Forest Department and O.F.D.C. officials to lift 204.3890 Cum of timber mostly of teak and other valuable species including some live trees by depositing a meager amount of royalty of Rs. 10,20,245.00 fixed by the D.F.O., Jeypore by showing the trees as defective and under girth. The cost of the timber lifted has been assessed by the Enquiry Committee consisting of Shri B.K.Patnaik, Director, Commercial, O.F.D.C., and Shri P. Singh IFS., Chief Conservator of Forest, Orissa and they assessed the amount as Rs.. 45,01.000/-. Therefore, without assessing the market value and without selling the timber at competitive rates to the highest bidder, the R.M.P. was