DHANESWAR PRADHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) In the present application under Section 482 Cr.P.C. the petitioner has sought for quashing the order dated 30.6.2011 passed by the learned Special Judge (Vigilance), Jeypore in G.R. Case No.42 of 2010 (V) arising out of Koraput Vigilance P.S. Case No.42 of 2010 pending before the learned C.J.M.(Vig.), Jeypore taking cognizanceagainst him for the alleged commission of offence under Sections 7/13(2) read with 13(1)(d)/7 P.C.Act,1988

(2.) Dr. Gangadhar Tripathy, learned counsel for the petitioner contended that on perusal of the F.I.R. under Annexure-1 and detection report under Annexure-2, it appears that the initiation of the proceeding against the petitioner is wholly baseless and it also establishes that no offence as alleged has been made out.

(3.) It is submitted by the learned counsel for the petitioner that that the allegation of demanding of Rs.300/- by the petitioner from the informant to submit the enquiry report before the Tahasildar, Kolnora does not arise since before the date of the alleged offer of gratification, the report of enquiry prepared by the petitioner had already been forwarded to the Tahasildar since the complainant though requested but the petitioner had not provided the requisite documents for the purpose of enquiry and hence, the report has been submitted by the petitioner to the Tahasildar on 20.09.2010 prior to the date of trap.