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2016 Supreme(Ori) 1032

B.K.NAYAK
Monohar Randhari – Appellant
Versus
State of Orissa (Vig. ) – Respondent


Advocates:
For Petitioner: M/s. D.P. Dhal, B.S.Dasparida, S.K. Dash & S.Mohapatra.
For Opp.Parties: Mr. Pani, Addl. Standing Counsel (Vig.) (for Opp. Party no.1.),
M/s. Patitapaban Panda, S.Satpathy, L.N.Rayatsingh & M.L. Mishra. (opp.party no. 2)

JUDGMENT

B.K. NAYAK, J. - Order dated 30.04.2015 passed by the learned Special Judge, Vigilance, Jeypore in I.C.C. No. 1 of 2013 taking cognizance of offences under Section 13(2) read with Section 13(1) (c) of the Prevention of Corruption Act, 1988 and Section 409 of the I.P.C. and directing for issuance of summons to the petitioner-accused, has been assailed in this application under Section 482, Cr.P.C.

2.Prosecution allegations against the petitioner are that while functioning as Senior Clerk-cum- in charge of store and Development Section of Nandahandi Block, the petitioner misappropriated a sum of Rs. 6,29,696/- showing false issue of cement forging signature/LTIs of the recipients, mis-balancing the totals and manipulating the office records. It is further alleged that the total cost of loss of stock and store in respect of cement, perlin, AC sheets, ridges, iron doors and iron windows etc. is to the tune of Rs. 6,29,696/-.

On consideration of the allegations in the complaint petition, the initial statement of the complainant, the statements of witness recorded during enquiry under Section 2002, Cr.P.C. and the enquiry report submitted by the vigilance department under Section








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