S.PUJAHARI, J. - (1.)This is an application filed by the petitioner under Sec. 482 of the Code of Criminal Procedure (for short the "Cr.P.C.") seeking for quashing of the Charge-sheet dtd. 30/3/2012 filed in Balasore Vigilance P.S. Case No.54 of 2009 (VGR Case No.22 of 2011), corresponding to T.R. No.15 of 2012 in the court of the learned Special Judge (Vigilance), Keonjhar, the order dtd. 21/11/2012 passed by the said learned Court taking cognizance of the offences under Ss. 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act, 1988 (for short the "P.C. Act") and under Ss. 420, 379, 120-B of IPC, Sec. 21 of the MMDR Act, 1957 and Sec. 2 of the Forest (Conservation) Act, 1980 against the petitioner and co-accused persons, and the consequential proceedings.
(2.)Heard the learned counsel for the petitioner and Mr. Srimanta Das, the learned Sr. Standing counsel appearing for the Vigilance Department.
(3.)The F.I.R. in this case appears to have been lodged by the Deputy Superintendent of Police, Vigilance Cell, Cuttack on the basis of a report of joint enquiry / verification conducted by a Team of the Vigilance Department on 10/11/2009 and 11/11/2009 in respect of Guruda Manganese Mines of M/s. Serajuddin and Co. located at Guruda under Joda Mining Circle, District- Keonjhar on the allegation of illegal mining activities of the aforesaid company. Pursuant to the said report, a case was registered by the Superintendent of Police, Vigilance, Balasore Division, Balasore, and on completion of investigation, charge-sheet was laid for the offences indicated above against eight accused persons including the present petitioner, who is a Partner of the Mining Leaseholder, namely, M/s. Serajuddin and Co. On the basis of the charge-sheet so submitted, the learned Special Judge (Vigilance), Keonjhar has taken cognizance of those offences and issued process to the petitioner and the co-accused persons. Hence, the present application.