SMARANA SHANKAR MISHRA Vs. STATE OF ODISHA
LAWS(ORI)-2020-2-12
HIGH COURT OF ORISSA
Decided on February 19,2020

Smarana Shankar Mishra Appellant
VERSUS
STATE OF ODISHA Respondents

JUDGEMENT

A.K.MISHRA,J. - (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 the same.;


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