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2004 Supreme(Ori) 85

M.PAPANNA
Nalinikanta Muduli – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioner:M/s. S. C. Parija, P. Behera, M. R. Tripathy and B. Baug
For Opp.Party:Mr. J. K. Mishra

JUDGMENT

M. PAPANNA, J. — Petitioner-Nalinikanta Muduli has filed this petition under Section 482 Cr.P.C. for quashing of F.I.R. No. 43 of 2000 basing on which Bhubaneswar Vigilance P.S. Case No. 43/2000 was registered against him and his father Bichitrananda Muduli under Section 120-B/420/468/471, I.P.C. and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (for short ‘P.C. Act’).

2. Facts of the case are like this :

Petitioner-Nalinikanta Muduli is one of the trustees of Naba Pravat Trust at Bhubaneswar. The said Trust runs Nilachala Poly Technic and Nilachal Institute of Computer Science. It is alleged that the petitioner has obtained Super Class and Special Class Contractor’s licence fraudulently. Subsequently the same was renewed. The petitioner swore an affidavit before Notary Public, Bhubaneswar on 4.7.1997 declaring his educational qualification as Civil (B). Bhubaneswar Vigilance P.S. Case No. 25/2000 was registered against petitioner’s father Bichitrananda Muduli with allegation that he acquired disproportionate assets to his known source of income as Chief Engineer in Rural Works Department of the State Government. It is also alleged that











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