Charulata Mallick v. State Of Odisha(Vig.)

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1690 of 2022 Charulata Mallick ....

Petitioner Mr.S.K. Mund Senior Advocate -versusState of Odisha (Vig.) ....

Opp. Party Mr.M.S. Rizvi Addl. Standing Counsel (Vig.)

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

28.02.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard the learned counsel for the petitioner and learned Addl. Standing Counsel for the Vigilance Department. Mr. S.K. Mund, learned Senior Advocate appearing for the petitioner submitted that the petitioner was the Welfare Officer, Angul and she has been placed under the orders of suspension. It is further submitted that the petitioner was arrested in connection with a Vigilance trap case and search list was prepared at the time of search of the residential house of the petitioner and now the petitioner has been served with a notice to appear before the Investigating Officer and the petitioner apprehends that in the event she appears, a disproportionate case may be registered and she may be

// 2 // arrested and forwarded to the Court. It is further submitted that the petitioner is a lady and she is ready and willing to cooperate with the investigation and she may be granted interim protection.

Mr. M.S. Rizvi, learned Addl. Standing Counsel for the Vigilance Department submitted that no case has yet been registered and it is a fact that the petitioner has been served with a notice to appear before the I.O. for the purpose of enquiry in connection with Cuttack Vigilance File No. 12 dated 10.03.2021 and thus, there is no apprehension of arrest of the petitioner.

Considering the submissions made by the learned counsel for the respective parties and the fact that no case has yet been registered and there is no apprehension of arrest at present, as submitted by the learned Addl. Standing Counsel for the Vigilance Department, this ABLAPL is disposed of with an observation that the petitioner shall appear before the I.O. as and when noticed and she has to cooperate with the enquiry and in case any F.I.R. is registered, the petitioner is at liberty to seek appropriate remedy in accordance with law and the petitioner shall not try to tamper with the evidence in any manner.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo