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IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3393 of 2022

Rasmesh Kumar Agrawal

&..

Petitioner

Mr. B.P. Pradhan, Adv.

Vs.

State of Odisha (Vigilance)

&..

Opposite Party

Mr. N. Moharana, A.S.C.

(For Vigilance Department)

CORAM:

JUSTICE SAVITRI RATHO

ORDER

08.12.2022

Order No.

01.

(Through hybrid mode)

1.

This application under section 482 of the Code of Criminal

Procedure has been filed by the petitioner praying for quashing

the order dated 21.07.2022 passed by the learned Special Judge

(Vigilance), Bolangir and G.R. Case No. 32 of 2015 taking

cognizance of the Indian Penal Code ( in short <the IPC=) offences

punishable under Section 468/471/ 420/120-B of the IPC so far as

the petitioner is concerned and with further prayer to quash the

criminal proceeding initiated against the petitioner vide Sambalpur

Vigilance P.S. Case No. 110 of 2015 corresponding to the G.R.

Case No.32 of 2015 on the file of the learned Special Judge,

Vigilance, Bolangir.

2.

Sambalpur Vigilance Case No 110 of 2015 had been

registered under Sections 13 ( 2) read with Section 13 ( 1 ) ( c) ( d

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) of the Prevention of Corruption Act , 1988 and Section 468/471/

420/120-B of the IPC . After investigation and submission of

chargesheet dated 23.12.2021 ( Annexure 2) was filed and

cognisance of the offences has been taken vide order 21.07.2022 .

3. The prosecution allegations in brief are that the co-

accused Chaturbhuja Sandha, Secretary of Tarava Service

Cooperative Society, has misappropriated Govt. Money to the tune

of Rs. 15 lakhs by abusing his official position showing purchase

of paddy from sixteen ineligible farmers during Kharif Marketing

season (KMS) 2013-14. After getting such information, the

informant enquired into the allegations and during inqury, he

found that one Chaturbhuja Sandha has been working as Secretary

Service Cooperative Society, Tarva under BDCC Bank ltd. Tarva,

since 19.04.2012. During Kharif Marketing Season (KMS) for the

year 2013-14 he purchased paddy 65015.53 quintal from 858

farmers and issued cheques in their name. He has handed over the

paddy to different tagged Rice Millers for custom milling and

maintained paddy purchase register, cheque issue register, transit

pass and paddy advice slip in support and said paddy procurement

from the farmers and dispatch to millers. During inquiry he found

that the Secretary of Service Cooperative Society, Tarava, has

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purchased paddy in the name of persons who do not have valid

Farmer9s Identity Cards (FIC). Secretary has also purchased

paddy from farmers who have no sufficient land to yield more

than 10 to 20 quintals of paddy and some of them are also

landless. Secretary of said Service Cooperative Society by putting

fake FIC numbers in the Paddy Purchase Register has shown

purchase of huge quantity of paddy from them. Out of total

purchase of paddy i.e. Q. 65015.53 kg, Secretary has purchased

20,915.20 quintals of paddy at the rate of Rs.1310/- per Kg from

16 number of the farmers and issued cheques to them. Out of 16

number of farmers, 5 number of farmers have no landed property

and 5 farmers have less than 3 Ac. of land and rest 6 farmers are

also not capable enough to yield such huge quantity of paddy to

sell. Thus, 16 ineligible persons shown to have sold paddy in fake

FIC or in the FIC of other persons. After verification of account

statements of said 16 persons, it is ascertained that lakhs of rupees

have been withdrawn by one Ramesh Agrawal of Tarava

(Petition