Arijit Pasayat, J. - (1.) Leave granted in SLP (Crl.) Nos. 3190 of 2004 and 3199 of 2004.
(2.) As the appeals have some common features and links, the appeals are disposed of by the common judgment. In these appeals challenge is to the legality of orders passed by learned Single Judges of the Orissa High Court quashing the proceedings initiated against respondents on the basis of first information reports lodged by the functionaries of the State of Orissa. Criminal Appeal No. 920 of 2003, and the appeal relatable to SLP(Crl.) No. 3199 of 2004 relates to FIR No. 61 dated 30.12.2000 where investigation was in progress and appeal relatable to SLP (Crl.) No. 3190 of 2004 relates to FIR No. 43 dated 16.9.2000 where charge sheet had already been filed. The High Court in each case exercised power under Section 482 of the Code of Criminal Procedure, 1973 (in short the Cr.P.C.). In the FIR No. 61 of 2000 accusations were against respondents Saroj Kumar Sahoo and Nalinikanta Muduli.
(3.) Background facts giving rise to the three appeals in a nutshell are as follows: On 8.1.1997 a trust named Nabaprabhat Trust was registered in which respondent Saroj Kumar Sahoo was the Chairman cum Managing Trustee. It appears that a registered sale deed No. 386 dated 4.3.1997 was registered before Sub Registrar, Pipli in respect of about 10 acres of land. According to the prosecution on 14.1.1997 the respondent Saroj Kumar Sahoo in the capacity of Chairman cum Managing Trustee of Nabaprabhat Trust applied for establishment of a new polytechnic with approval of All India Council for Technical Education (in short AICTE), though the trust was not having the requisite land of 20 acres and funds to the tune of Rs. 25 lakhs as the trust was registered with a corpus of a paltry sum i.e. Rs. 10,000/-. Zerox copy of the sale deed according to the prosecution was submitted to the Director, Technical Education and Training, Orissa for establishment of technical education institution. The respondent, got land and shed on the pretext of using the lands and sheds for bona fide industrial use in the Mancheswar Industrial Estate. ;