Location: ORISSA HIGH COURT, CUTTACK Date: 23-Apr-2026 12:43:01 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.4919 of 2025 along with CRLMC No.386 of 2026 (Petitions under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.)

Sarat Kumar Nayak …. Petitioner(s)

(In CRLMC No.4919 of 2025)

Sukhalata Nayak (In CRLMC No.386 of 2026)

-versus-

State of Odisha (VIG) …. Opposite Party(s)

Advocates appeared in the case through Hybrid Mode:

For Petitioner(s) : Mr. Soubhagya Sundar Das, Adv. For Opposite Party(s) : Mr. Niranjan Moharana, Standing Counsel (Vig. Deptt.)

CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI DATE OF HEARING:-19.02.2026 DATE OF JUDGMENT:-31.03.2026 Dr. Sanjeeb K Panigrahi, J.

1. Since common questions of fact and law are involved in the above-

mentioned matters, the same were heard together and are being disposed of by this common judgment. However, this Court finds it appropriate to treat CRLMC No.4919 of 2025 as the leading case for the purpose of adjudication.

Location: ORISSA HIGH COURT,

CUTTACK Date: 23-Apr-2026 12:43:01

2. The Petitioner, in the present petition, challenges the initiation and continuance of the proceedings pending against him before the learned Special CJM (Vigilance), Bhubaneswar, arising out of VGR No. 70 of 2016.

I. FACTUAL MATRIX OF THE CASE

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

i. On 18.06.2016, an FIR was lodged before the S.P., Vigilance Cell, Cuttack, pursuant to which a Vigilance P.S. Case was registered and subsequently numbered as VGR Case No. 70 of 2016, now pending before the learned Special CJM (Vigilance), Bhubaneswar.

ii. In the course of investigation, the Petitioner and his wife came to be implicated in connection with the said case on allegations of submission of a false affidavit and suppression of material facts in relation to allotment of a plot under the Odisha State Housing Board Scheme.

iii. Upon completion of investigation, the Investigating Officer submitted charge-sheet on 14.11.2023 before the learned Special CJM (Vigilance), Bhubaneswar in VGR Case No. 70 of 2016, arraigning the Petitioner and his wife as accused for the alleged commission of offences under Sections 193, 200 and 420 read with Section 34 of the IPC.

iv. The learned Court, upon receipt of the said charge-sheet, has proceeded with the matter, and the case is presently pending at the stage of consideration of charge.

Location: ORISSA HIGH COURT,

CUTTACK Date: 23-Apr-2026 12:43:01 v. Being aggrieved by the initiation and continuance of the aforesaid criminal proceeding, the Petitioner has approached this Court by filing the present CRLMC.

II. SUBMISSIONS ON BEHALF OF THE PETITIONER

4. Learned counsel for the petitioner made the following submissions in support of his contentions:

i. The Petitioner submitted that Section 193 of the IPC relates to giving or fabricating false evidence in a judicial proceeding or otherwise, Section 200 relates to using as true any declaration known to be false, and Section 420 pertains to cheating and dishonestly inducing delivery of property or the making, alteration or destruction of valuable security. The Petitioner submitted that in the present case there is no material on record to show that he or his wife has given or fabricated false evidence, used any declaration knowing it to be false, or dishonestly induced delivery of any property from the Odisha State Housing Board.

ii. The Petitioner contended that neither he nor his wife has violated any provision of the brochure or made any statement which was false to their knowledge. The Petitioner submitted that a perusal of the materials on record would reveal that at the time of submission of the affidavit by his wife in relation to allotment under the Nandan Enclave Housing Scheme at Kalarahanga, none of her family members owned any residential accommodation within the Bhubaneswar Municipal Corporation area.

Location: ORISSA HIGH COURT,

CUTTACK Date: 23-Apr-2026 12:43:01 iii. The Petitioner asserted that he had applied for allotment und