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2024 Supreme(Ori) 192

THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
E. Swarnalata @ P. Swarnalata – Appellant
Versus
State of Odisha (Vigilance) – Respondent


Advocates Appeared:
For the Petitioner:Mr. Bishnu Prasad Pradhan, Advocate
For the Opp. Party : Mr. Niranjan Maharana Additional Standing Counsel (Vigilance)

Table of Content
1. petitioner's husband is principal accused. (Para 1 , 2)
2. arguments regarding prior court proceedings. (Para 3 , 4)
3. analysis of abetment under ipc. (Para 5 , 6 , 9)
4. role of non-public servants in prosecution. (Para 7 , 8)
5. criminal proceedings quashed against petitioner. (Para 10 , 11)

Judgment :

1. The husband of the petitioner being the principal accused and the petitioner are facing prosecution in Disproportionate Assets case arising out of the F.I.R. in Berhampur Vigilance P.S. Case No.45 of 2016 corresponding to GR (V) Case No.33/2016(v) for the offences under Sections-13(2)/13(1)(e) of the Prevention of Corruption Act r/w Section- 109 IPC pending in the Court of the learned Special Judge, Vigilance, Berhampur. The petitioner is seeking quashing of the criminal proceeding initiated against her under the aid of Section-109 .

3. Mr. Maharana, learned counsel for the opposite party submits that the principal accused had approached this Court by filing of CRLMC No. 687 of 2021 seeking quashing of the entire proceeding against him. After the removal of the properties counted towards his disproportionate assets belongs to his father. The coordinate Bench of

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