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2022 Supreme(Ori) 509

R. K. PATTANAIK
Brahmananda Sahu – Appellant
Versus
State of Orissa (Vigilance) – Respondent


Advocates appeared:
Mr. Hemanta Ku. Mund, Advocate and Miss. A.K.Dei, Advocate, for the Appellant; Mr. P.K. Pani, Sc & Mr. Niranjan Moharana, Asc for the Vigilance Department, for the Respondent.

JUDGMENT

R.K. Pattanaik, J. - A petition under Section 482 is moved at the behest of the petitioner invoking jurisdiction of this Court under Section 482 Cr.P.C. for quashing of the criminal proceeding in connection with G.R. Case No.29 of 2011 corresponding to Berhampur Vigilance P.S. Case No.29 of 2011 pending in the file of the learned Special Judge (Vigilance), Berhampur on the stated grounds.

2. The Vigilance case was instituted on the basis of a written report lodged before the DSP (Vigilance), Phulbani Unit on 23rd June, 2011 with the allegation made therein regarding the illegal demand of Rs.23,000/- as bribe by the petitioner from the informant towards new electricity connection for a welding shop and in that regard, a trap was laid by the Vigilance team and allegedly the said amount was recovered from the petitioner and the same was seized. After completion of investigation, the petitioner was chargesheeted under Sections 13(2) read with 13(1)(d) besides Section 7 of the Prevention of Corruption Act, 1988( in short 'the P.C. Act').

3. The challenge in the present case is that the informant did not support the alleged trap and recovery of the bribe amount from the petitioner

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