JUDGMENT

S. K. SAHOO, J. - The petitioner Agani Charan Behera has filed this application under Section 482 of the Code of Criminal Procedure, 1973 for quashing the charge sheet and the entire criminal proceeding against the petitioner in V.G.R. Case No.39 of 2001 arising out of Cuttack Vigilance P.S. Case No.39 of 2001 pending on the file of learned Chief Judicial Magistrate, Cuttack (hereafter ‘the trial Court’). In the said case, the learned trial Judge as per order dated 07.09.2013 framed charges under Sections 406/120- B of the Indian Penal Code against the petitioner and co-accused persons Debadatta Das and Saroj Kumar Mishra.

2. On 15.10.2001 Sri P.K. Routray, Inspector of Police, Vigilance, Cuttack Division, Cuttack presented the first information report before the Superintendent of Police, Vigilance, Cuttack Division, Cuttack stating therein that he received reliable information on 12.10.2001 at 3.00 p.m. that the rice allotted under ‘Food for work programme’ to Saline Embankment Division, Cuttack stored at Jagatpur Godown, without being given to the labourers, are being disposed of at Malgodown, Cuttack in truck no.OSC 6731. The informant along with other police officials