S.S. Mishra, J. 1.

The present proceedings have been drawn invoking inherent jurisdiction of this Court under Section 482 of Code of Criminal Procedure, 1974 (Cr.P.C) with prayers to quash the charge sheet No.42 dated 29.09.2014 filed by the respondents under Sections 13(2) r/w Section 13(1) (c) (d) of the Prevention of Corruption Act, 1988 (hereinafter referred as “the P.C. Act”) r/w Sections 379/ 467/ 468/ 471/ 409/411/120-B of the Indian Penal Code (IPC) in T.R No. 53 of 2015 pending before the Court of learned Special Judge, Vigilance, Cuttack, which is emanating from Vigilance Case No.25 dated 13.04.2010 under Section 13(2) read with Section 13(1) (d) of the P.C. Act.

2. The petitioners have further challenged the validity of the order of taking cognizance of offences from the aforesaid charge-sheet dated

06.11.2015, passed by the learned Special Judge, Vigilance, Cuttack in pending T.R. Case No. 53 of 2015. 3. All the three petitions are being decided by way of this common judgment/order as all of them arise out of a common proceeding i.e. T.R. Case No. 53 of 2015 pending before the Court of learned Special Judge, Vigilance, Cuttack. 4. The relevant admitted facts sans unnecessary details for the purpose of deciding the present petitions are discussed herein below: <br/>

The Respondent lodged the F.I.R. No.25 of 2010 P.S. Vigilance, Cuttack alleging that one Smt. Shantilata Behera, had purchased one 10 wheeler truck under Hypothecation/Lease Agreement with Shriram Transport Finance Co. Ltd., which was registered with the Registering Authority (M.V.) Cuttack with Registration No. OR-05-AA-1869 (hereinafter referred as “Offending Vehicle”). Since, Smt. Shantilata Behera could not pay the monthly installments of repayment of the vehicle loan, Shriram Transport Finance Co. Ltd. took possession of the offending vehicle and put it on auction to recover the loan amount. One Susanta Kumar Bal purchased the offending vehicle in the auction and thereafter sold the offending vehicle to One Surendra Jain of Kolkata (W.B.).

Shri Surendra Jain brought the offending vehicle to Cuttack for the purpose of repair and regularization of the papers of the vehicle at RTA, Cuttack. Shri Surendra Jain stayed at Jasmine Hotel at Cuttack which was owned by Shri Prasant Kumar Patra (Accused No.1). It is stated in the F.I.R. that the Accused No.1 in connivance with Sri Dhaneswar Nayak (Accused No.2), who was posted as Traffic Inspector, Office of RTO, Cuttack enticed Shri Surendra Jain to get the repair work of the offending vehicle done at one Chagala Garage at Sikharpur, Cuttack.

When the offending vehicle was taken to the said garage, Accused No.2 suddenly arrived and seized the offending vehicle under the charges of non-payment of statutory charges/ taxes and on the charge of driving the vehicle without requisite documents and permits. Exploiting this situation, Accused No. 1, Mr. Patra struck a deal with Surendra Jain to purchase the offending vehicle for a consideration of Rs. 10,00,000/- for which cheques were issued by Accused no. 1 to Surendra Jain. The said cheques were dishonored on presentation. When Surendra Jain confronted with the Accused No.1 about dishonoring of the cheques, Accused no. 1 asked him to come to Cuttack to take cash in lieu of the cheques. Once, Surendra Jain came to Cuttack, he got to know that Accused No.1 was plying the offending vehicle and when Surendra Jain failed to receive any satisfactory response from Accused No.2 about plying of the offending vehicle, he reported the same to the Vigilance Department leading to lodging of the F.I.R. by the respondent Vigilance Department naming Accused No.1 and Accused No.2 only in the F.I.R.

During the course of investigation, it came to the light that the offending vehicle which the Accused No.1 was plying in connivance with the Accused No.2 was used for transporting of Iron Or