Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Tapas Kumar Sarangi – Appellant
Versus
State of Odisha (Vigilance) – Respondent
| Table of Content |
|---|
| 1. allegations of misconduct in allocation process. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments concerning lack of personal gain. (Para 7 , 8) |
| 3. court's analysis of prosecution's case. (Para 9 , 10) |
| 4. requirements for establishing conspiracy under ipc. (Para 11) |
| 5. petition allowed; charge sheet quashed. (Para 12) |
Judgment :
S.S. Mishra, J.
1. The petitioner is aggrieved by the order dated 05.04.2022 passed by the learned Special Judge (Vigilance), Cuttack in T.R. Case No.30 of 2017, whereby his application for discharge has been turned down.
2. The petitioner is one of the accused in the F.I.R. in connection with Cuttack Vigilance P.S. Case No.35 of 2014 registered for the alleged commission of the offences punishable under Sections 13 (2) r/w Section 13 (1)(d) of the P.C. Act and Section 120 -B of the IPC .
3. After the investigation, the charge sheet has been filed for the alleged commission of the offences punishable under Sections 13 (2) r/w Section 13 (1)(d) of the P.C. Act and Section 120 -B of the IPC .
4. The allegation against the petitioner is that, when the accused was working as Welfare Extension Officer in Kujang Block, District- Jagatsinghpur, he attended a c
Mere participation in a meeting without specific allegations of benefit or financial irregularity does not suffice to establish charges of conspiracy or corruption.
At the charge framing stage, the court evaluates only prima facie evidence, not the merits of a defense; if sufficient grounds exist, charges proceed.
The court clarified that prima facie evidence suggests adequate grounds exist to proceed with charges, and that the responsibility for plot allotments must be appropriately examined in trial.
Conspiracy consists in the agreement of two or more persons to do an unlawful act, or to do a lawful act by unlawful means. It is an indictable offence at common law. The essence of the offence of co....
The court affirmed that allegations of misrepresentation in housing allotments justify trial, emphasizing the need for public entities to act without arbitrariness and maintaining the standards set f....
At the stage of framing the charge, the truth, veracity, and effect of the evidence proposed by the prosecutor are not meticulously judged.
Point of law: As per the requirement of Section 227 and 228 of the Cr.P.C., the learned Judge shall consider whether “sufficient grounds” exist or not and such consideration shall be supported by mat....
(1) Normally, criminal proceedings should not be quashed in exercise of powers under Section 482 Cr.P.C. when after a thorough investigation charge-sheet has been filed – At the stage of discharge an....
The court reaffirmed that exoneration in disciplinary proceedings does not absolve criminal liability; sufficient prima facie evidence is essential for proceeding with corruption charges.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
