CRIMINAL MISCELLANEOUS 3946 of 2025 on 26 September 2001

IN THE HIGH COURT OF ORISSA AT CUTTACKCRLMC No.3946 of 2025

Ashok Kumar Mohapatra

.....

Petitioner

Represented By Adv. – Mr. Arupa Nanda Das State Of Odisha(Vigilance)

-versus-

.....

Opposite Party

Represented By Adv.-

Mr. N. Moharana, Standing Counsel appearing for the Vigilance Department.

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER25.09.2025

Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard the learned counsel for the Petitioner as well as learned Standing Counsel appearing for the Vigilance Department. Perused the application as well as the prayer made therein.

3. By filing the present application under Section 482 of Cr.P.C. which corresponds to Section 528 of BNSS, 2023, the Petitioner seeks to invoke the inherent jurisdiction of this Court to quash the entire criminal proceeding in T.R. No.362 of 2007 pending in the court of learned Special Judge (Vigilance), Cuttack.

4. The aforesaid C.T. case arises out of a Vigilance F.I.R.

registered at Cuttack Vigilance Police Station on 26.09.2001 for alleged commission of offences under Section 13(2) read with Section-13(1)(c)(d) of the Prevention of Corruption Act and Sections 409/468/471/477A/420/201/120B of I.P.C.

5. Learned counsel for the Petitioner, at the outset, contended that although the F.I.R. was lodged in the year 2001, however, till date the trial has not been concluded. He further submitted that out of 33witnesses, only 9 witnesses have been examined so far. So far last witness from the side of the prosecution was examined on 16.01.2025. On such ground, learned counsel for the Petitioner prayed that the entire criminal proceeding be quashed on the ground of delay.

6. Learned Standing Counsel appearing for the Vigilance Department, on the other hand, contended that steps have been taken to ensure that the trial is concluded as expeditiously as possible. He further contended that out of 33 witnesses, 9 witnesses have already been examined. In such view of the matter, learned Standing Counsel appearing for the Vigilance Department submitted that the present application at the instance of the Petitioner is devoid of merit and, accordingly, the same should be dismissed.

7. Having heard the learned counsels appearing for the respective parties and on a careful examination of the background facts of the present case, further taking into consideration the fact that the case is of the year 2001 and in the meantime, a quarter of century has elapsed and the trial has not been concluded, this Court is inclined to dispose of the present CRLMC application by directing the learned Special Judge (Vigilance), Cuttack to make every endeavour to ensure that the trial is concluded as expeditiously as possible,

preferably within a period of one year from the date of communication of a copy of this order. In the event the trial is not concluded within the aforesaid time, liberty is given to the Petitioner to renew his prayer before this Court. The Petitioner is directed to cooperate with the trial court. Further, the trial court is directed to examine the official witnesses, if possible through virtual mode as per the relevant rules in that regard.

8. With the aforesaid observation and direction, the CRLMC stands disposed of.

( Aditya Kumar Mohapatra) Judge

Debasis

Signature Not Verified

Digitally SignedSigned by: DEBASIS AECHReason: AuthenticationLocation: ORISSA HIGH COURTDate: 26-Sep-2025 13:53:29