D.P.CHOUDHURY,J. - (1.)This is an application under Section 482, Cr. PC. to quash the order of taking cognizance offence dated 21.08.2004 passed by the learned Special Judge, Vigilance, Balasore in T.R. No. 340 of 2007 as well as the entire criminal proceeding initiated against the petitioner. Facts.
(2.)The factual matrix leading to the case of the prosecution is that during the year 1995-96 the petitioner was the Divisional Forest Officer, Keonjhar and the co-accused Aswini Kumar Mohanty was the Range Officer, Anandpur Forest Range. A forest road was proposed to be constructed from Gayalmunda to Hatichpal under Anandapur Forest Range and a sum of Rs. 2.40,000/- was allotted for the said purpose. The project was submitted by the present petitioner to the Conservator of Forest and the same was approved. Time to time money was allotted by the present petitioner to the co-accused, Aswini Kumar Mohanty, Range Officer for execution of the work. Sri. Aswini Kumar Mohanty allegedly did not perform the standard of work and obtained false vouchers from the Contractors and other labourers through Forester and Forest Guards, who were also prosecuted by showing total expenditure of Rs. 2,16,226/-.
(3.)When there was huge public clamour about the execution of substandard work, the petitioner asked the Assistant Conservator of Forest lo verify the work and to submit a report. Though the latter submitted a report, but the present petitioner without paying any heed to the said report of the Assistant Conservator of Forest, directly placed money with the co-accused, Aswini Kumar Mohanty and passed all the bills/vouchers submitted by the Range Officer. As such, the above amount was found to have been paid by undertaking the work of the road property. Hence, the State Vigilance after due investigation submitted charge-sheet for the offence under Section 13 (2) read with section 13 (1) (c) (d) of the Prevention of Corruption Act, 1988 (hereinafter called "the Act") and Sections 409,468, 477/120-B of the I.P.C. Learned Special Judge, Vigilance, Balasore vide order dated 21.8.2004 took cognizance of the offence under Section 13 (2) read with Section 13(1) (c) (d) of Act. Submissions.