Ananda Ku.Agarwal v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.726 of 2012 Ananda Kumar Agarwal ....

Petitioner -versus- State of Orissa (Vigilance) ....

Opposite Party CORAM: JUSTICE S.PUJAHARI

ORDER

04.04.2022 04.

1. This matter is taken up through Hybrid mode. Order No.

2. This application under Section 482 Cr.P.C. has been filed by the Petitioner for quashment of the order dated 10.01.2012 passed by the learned Special Judge (Vigilance), Balasore in V.G.R. No.43 of 2009/T.R. No.2 of 2012 wherein the learned Special Judge has taken cognizance under Sections 13(2)/13(1)(d) of the P.C Act and Sections 420/379/120-B IPC and Section 21 (1) of the Mines and Minerals (Development and Regulation) Act against him.

3. Learned counsel for the Petitioner submits that he does not want to press this petition but liberty may be given to the Petitioner to raise all the contentions at the time of framing of charge.

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4. Since there is no illegality or infirmity in the impugned order, this Court is not inclined to interfere with the impugned order.

5. Accordingly, this CRLMC stands dismissed.

6. However, liberty is given to the Petitioners to raise all the contentions at the time of framing of charge and it is open to the Petitioner to surrender and move an application for bail in the aforesaid case before the court in seisin over the matter. If such a prayer is made, the court in seisin over the matter shall do the needful to decide such application of the Petitioner in its own merit. The Petitioner may raise the release of the coaccused, if any, available to him before the court concerned.

7. Interim order passed earlier stands vacated. This order be communicated to the trial court immediately.

(S. Pujahari) Judge PKS