SMARANA SHANKAR MISHRA Vs. STATE OF ODISHA
HIGH COURT OF ORISSA
Smarana Shankar Mishra
STATE OF ODISHA
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(1.) In this revision U/s.401 Cr.P.C . the revision petitioner has assailed the legality of the order dtd.22.10.2019 of learned Special
Judge (Vigilance), Bhawanipatna in G.R. Case No.06 of 2016 (V) wherein
the petition of the petitioner - accused to discharge him U/s.227 Cr.P.C .
has been rejected and order to frame charge has been passed.
(2.) The informant, a 'C' Class Contractor alleging illegal demand of bribe by accused, Executive Engineer, Public Health Division,
Bhawanipatna for payment of bill, lodged an F.I.R. on 13.01.2016. A
trap was arranged and laid on 14.01.2016 at 7.15 P.M. Eighty numbers
of five hundred rupees GC notes were detected from the drawer
of petitioner's office. The statement of the witnesses were recorded
U/s.164 Cr.P.C . In course of investigation, it was detected that accused
had demanded bribe to prepare final bill in favour of informant in
respect of a work No.II of No.39PI/2015-16 which was already executed
by one Laxmikanta Nayak and thereby to misappropriate the public
money by making a false bill. After obtaining sanction, charge-sheet was
filed basing upon which cognizance was taken U/s.13(2), read with
Section 13(1)(d) and Section 7 of Prevention of Corruption Act, 1988. On
25.09.2019, the accused - petitioner filed a petition U/s.227 Cr.P.C . of which rejection order is in question in this revision.
(3.) Learned Senior Counsel Mr. D. P. Dhal for the petitioner submitted that as informant Prafulla Chandra Gouda was already paid
final bill on 02.01.2016 after completion of work on 15.11.2015, there
was no occasion on the part of accused to demand bribe for payment of
bill. For that he relied upon the photocopy of Final Account Bill and
receipt vide Ext.4. He further submits that as the case is filed to harass
the accused, learned trial court's order is not sustainable being illegal
and malicious, and error committed should be rectified in setting aside
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