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2026 Supreme(Ori) 587

ORISSA HIGH COURT
NABA KISHORE MISHRA – Appellant
Versus
STATE OF ODISHA(VIG.) – Respondent


JUDGMENT :

SANJEEB K. PANIGRAHI, J.

1. The petitioner has challenged the criminal proceeding initiated against him in T.R. Case No.375 of 2007, arising out of Cuttack Vigilance P.S. Case No.40 of 2002 dated 23.09.2002, which is pending before the learned Special Judge, Vigilance, Angul, along with the charge-sheet dated 31.03.2005 submitted in connection with the aforesaid vigilance case.

I. FACTUAL MATRIX OF THE CASE

2. The brief facts of the case are as follows:

i. The petitioner is a retired Government servant. On 23.09.2002, Cuttack Vigilance P.S. Case No. 40 of 2002 was registered against him alleging commission of offences under Sections 13(2) read with Section 13(1)(c) of the Prevention of Corruption Act, 1988 on the allegation of possession of disproportionate assets. The quantum of alleged disproportionate assets is stated by the petitioner to be Rs. 30,21,063/-.

ii. Upon completion of investigation, charge-sheet was submitted on 31.03.2005 and cognizance of the offences was taken on 29.04.2006.

iii. The case was initially pending before the learned Special Judge, Vigilance, Bhubaneswar. Thereafter, it stood transferred to the Court of the learned Special Judge, Vigilance, Cuttac

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