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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.PUJAHARI
Subrat Das – Appellant
Versus
State of Odisha Vigilance – Respondent
| Table of Content |
|---|
| 1. petitioner's background and allegations. (Para 1 , 3 , 4 , 5 , 6) |
| 2. arguments regarding abuse of process and burden of proof. (Para 7 , 8 , 9) |
| 3. court's observations on departmental and criminal proceedings. (Para 10 , 11 , 12) |
| 4. precedence of supreme court decisions regarding exoneration. (Para 13 , 15) |
| 5. conclusion: application dismissed. (Para 16) |
ORDER :
1. The petitioner who is charge-sheeted as a co-accused in Vigilance Case No.5 of 2007 corresponding to T.R. No.1 of 2013 in the court of the Special Judge (Vigilance), Bhubaneswar, has filed this application under Section 482 of Cr.P.C. seeking for quashing of the said criminal proceeding.
3. At the relevant time the petitioner was working as Asst. Engineer (Civil) in the erstwhile department of Irrigation and Power under the Chief Engineer, Potteru Irrigation Project, and the Vigilance police drew up / registered FIR vide Bhubaneswar Vigilance P.S. Case No.5 of 2007 against the petitioner and other co-accused persons, alleging, inter-alia, that in connection with the irrigation repairing work during the year 2003 under the Food for work programme at Pratap Ramchandrapur Irrigation Section although 319.7733 M
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