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2006 Supreme(Ori) 715

L.MOHAPATRA
Rabinarayan Lenka – Appellant
Versus
Republic of India – Respondent


Advocates:
For Petitioner:M/s. Satyabrata Pradhan, S. K. Jena, P. R. Singh and S. K. Das-2
For Opp.Party:Mr. S. K. Padhi

JUDGMENT

L. MOHAPATRA, J. : This application under Section 482 Cr.P.C. is directed against the order dated 3.3.2006 passed by the Special Judge, CBI, Bhubaneswar in T.R. No.12 of 2003 framing charge for commission of offences under Sections 120-B/409/467/477-A of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.

2. The background of the case is that there was misappro¬priation of Rs.4,91,155/- during the financial year 2001-02 in Dhenkanal Head Post Office at Dhenkanal. One Prasanna Kumar Tripathy at the relevant point of time was working as Counter Assistant and the petitioner was working as Deputy Post Master. Out of the total amount alleged to be misappropriated Rs.2,01,155/- was from 101 R.D. Deposits during the said finan¬cial year. The mater was investigated into by the C.B.I. and on completion of investigation charge-sheet was submitted against the petitioner and Prasanna Kumar Tripathy. The case of the petitioner is that P. K. Tripathy was working as Counter Assis¬tant and he was directly involved in receiving deposits and dis¬charge of the matured value to the investors. The petitioner was working as Deputy Post Master







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