MANJULATA PANIGRAHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The short point that arises for consideration is whether notice for confiscation as envisaged under section 14 of the Orissa Special Courts Act, 2006 (hereafter '2006 Act') on the basis of an application under section 13 of the 2006 Act can be issued by the Authorised Officer against a person who has been discharged by the Special Court of the offence under section 13(1)(e) of the Prevention of Corruption Act, 1988?

(2.) The petitioner Manjulata Panigrahi has filed this application under section 482 of Crimial P.C. to quash the proceeding in Confiscation Case No.02 of 2009 pending before the learned Authorised Officer, Special Court, Bhubaneswar.

(3.) It is not disputed that the petitioner along with accused Bichitrananda Muduli, Sukanti Muduli, Nalinikanta Muduli and Basanta Kumar Biswal were charge-sheeted under section 13(1)(e) read with section 13(2) of the Prevention of Corruption Act, 1988 and sections 120-B/109/201 of the Indian Penal Code in T.R. Case No. 9/52 of 2008/2004 which is subjudiced before the Court of learned Special Judge, Special Court, Bhubaneswar.