Kamadev Biswal vs State Of Odisha (Vig.) …. Opposite … on 17 April, 2026

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    Orissa High Court

    Kamadev Biswal vs State Of Odisha (Vig.) …. Opposite … on 17 April, 2026

    Author: Sanjeeb K Panigrahi

    Bench: Sanjeeb K Panigrahi

                                                                  Signature Not Verified
                                                                  Digitally Signed
                                                                  Signed by: BHABAGRAHI JHANKAR
                                                                  Reason: Authentication
                                                                  Location: ORISSA HIGH COURT,
                                                                  CUTTACK
                                                                  Date: 06-May-2026 13:51:16
    
    
    
    
                   IN THE HIGH COURT OF ORISSA AT CUTTACK
    
                                    CRLMC No.4672 of 2024
    
           (In the matter of an application under Section 482 of Criminal
           Procedure Code, 1973).
    
           Kamadev Biswal                              ....                     Petitioner(s)
                                            -versus-
    
           State of Odisha (Vig.)                      ....       Opposite Party (s)
    
    
         Advocates appeared in the case through Hybrid Mode:
    
           For Petitioner(s)            :     Mr. Ananta Narayan Pattanayak, Adv.
    
    
           For Opposite Party (s)       :                   Mr. Niranjan Moharana,
                                                                 S.C. for Vig. Deptt.
    
                     CORAM:
                     DR. JUSTICE SANJEEB K PANIGRAHI
    
                          DATE OF HEARING:-20.03.2026
                         DATE OF JUDGMENT:-17.04.2026
         Dr. Sanjeeb K Panigrahi, J.
    

    1. The petitioner has instituted the present criminal miscellaneous case

    (CRLMC) under Section 482 of the Code of Criminal Procedure, 1973

    SPONSORED

    read with Section 528 of Bharatiya Nagarik Surakshya Sanhita, 2023 ,

    invoking the inherent jurisdiction of this Court seeking quashing of the

    entire criminal proceeding arising out of Bhubaneswar Vigilance P.S.

    Case No.42 of 2021 corresponding to VGR No.46 of 2021 and

    subsequently converted to T.R. Case No.18 of 2023, pending before the

    learned Special Judge , Vigilance, Bhubaneswar in connection with the

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    Date: 06-May-2026 13:51:16

    alleged commission of offences under Section 7 of Prevention of

    Corruption (Amendment) Act, 2018.

    I. FACTUAL MATRIX OF THE CASE:

    2. The brief facts of the case are as follows:

    (i) A complaint dated 06.12.2021 was lodged by one Sri Subhrajit

    Samantaray before the Superintendent of Police, Vigilance,

    Bhubaneswar Division, Bhubaneswar, alleging misconduct

    against the present petitioner while he was serving as Assistant

    Executive Engineer in the Khurda Irrigation Division under the

    Water Resources Department, Government of Odisha.

    (ii) The complaint states that the informant, a C class contractor

    engaged in Gherry work in the Satyabadi constituency was

    closely known to one Sashibhusan Kar, a B class contractor who

    had secured the work of Saline Gherry from Adal to Dochhian

    under e procurement Notice No.06 KHD 2020 21 and Agreement

    No.96 P1 2020 21 for a value of Rs 3882148 at 14.99 percent below

    estimate along with GST of Rs 465857.76. It is alleged that as Kar

    was otherwise occupied he asked the complainant to carry out the

    work on his behalf on the strength of a sub-lease agreement

    executed on 28th February 2021 before a Notary.

    (iii) As stated in the affidavit the complainant carried out the work

    and approached Sri Kamadev Biswal/ the present petitioner who

    was serving as Assistant Executive Engineer at that point in time,

    for clearance of the part bill on 27 November 2021 and the said

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    Date: 06-May-2026 13:51:16

    part bill amounting to Rs.527688/- was thereafter credited to the

    account of the original contractor Sashi Bhusan Kar.

    (iv) The complainant further alleged that after completing more than

    70 percent of the Gherry work, he approached the present

    petitioner on 06 December 2021 for measurement and release of

    the next part bill whereupon the petitioner allegedly demanded a

    bribe of Rs.10000/- for passing the earlier bill and preparing the

    subsequent bill and made it clear that in the absence of such

    payment, the bills would not be processed in favour of the

    complainant.

    (v) In this backdrop an FIR was registered against the present

    petitioner as Bhubaneswar Vigilance P.S. Case No.42 dated 06

    December 2021 for the offence under Section 7 of the Prevention

    of Corruption Amendment Act, 2018 pursuant to which the

    Vigilance team arrested the petitioner on 08 December 2021 and

    he was later released on bail vide order dated 28 December 2021

    passed by the learned Special Judge Vigilance Bhubaneswar.

    (vi) Upon completion of the said investigation, the Investigating

    Officer being the Deputy Superintendent of Police (Vigilance),

    Bhubaneswar Division, submitted charge sheet No.03 dated 07

    February 2023 against the present petitioner for the alleged

    offence under Section 7 of the Prevention of Corruption Act, 1988

    as amended by the Prevention of Corruption Amendment Act

    2018.

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    (vii) Thereafter the learned Special Judge Vigilance Bhubaneswar,

    took cognizance of the offence on 15 July 2023 in connection with

    Bhubaneswar Vigilance P.S. Case No.42 of 2021, corresponding to

    T.R. Case No.18 of 2023 for the offence under Section 7 of the

    Prevention of Corruption Act, 1988 as amended by the Prevention

    of Corruption Amendment Act, 2018.

    (viii) In the wake of the said allegations, a departmental proceeding

    was also initiated by the Disciplinary Authority being the

    Principal Secretary to Government Department of Water

    Resources Government of Odisha and the petitioner was placed

    under suspension on 07 December 2021. He was, however,

    subsequently reinstated in service vide office order dated 20

    September 2022 issued by the Additional Chief Secretary to

    Government Department of Water Resources.

    (ix) In the departmental proceedings, the Additional Chief Secretary

    to Government Department of Water Resources framed a

    memorandum of articles of charges against the petitioner alleging

    gross misconduct, dereliction of duty and failure to maintain

    absolute integrity and honesty vide office order dated 05 May

    2022.

    (x) Aggrieved by the continuation of the criminal prosecution and

    the attendant departmental action the petitioner has approached

    this Court by way of the present CRLMC invoking its inherent

    jurisdiction seeking quashing of the entire proceedings on the

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    assertion that the same is not founded on bona fide considerations

    but is vitiated by vengeance, malice and an abuse of the process of

    law and that allowing such prosecution to continue would result

    in grave miscarriage of justice.

    II. SUBMISSIONS ON BEHALF OF THE PETITIONER:

    3. The learned counsel for the Petitioner earnestly made the following

    submissions in support of his contentions

    (i) The petitioner submits that the basis of the prosecution as reflected

    in the FIR is inherently inconsistent and legally unsustainable

    inasmuch as the said complainant alleges that on 06 December 2021,

    he met the petitioner in his office where a demand of Rs.10000/- was

    made and on the same day at about 2 PM he lodged a written report

    before the Superintendent of Police Vigilance, Bhubaneswar

    pursuant to which the Trap Laying Officer seized an agreement

    dated 28 February 2021 produced by the complainant said to have

    been executed between Sashi Bhusan Kar and the complainant.

    However, the complainant has described the said document

    inconsistent at one place as a sublease instrument and at yet another

    as an affidavit thereby casting serious doubt on its nature and

    authenticity of the said document. A plain reading of the document

    would indicate that it is not a sublease nor any authorization to

    execute the work but, in substance, a private arrangement of money

    lending of Rs 100000 secured by signed cheques for repayment and

    nothing more. It is therefore contended that the complainant had no

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    authority under the said document to execute the work awarded to

    the original contractor and consequently lacked locus to claim

    payment or allege any demand of illegal gratification. It is further

    submitted that, had the Vigilance authorities examined the

    document with due diligence, they would have found the grievance

    to be misconceived. Moreover, any such subleasing arrangement is

    contrary to the terms of the original contract and could not have

    formed the basis for setting the criminal law in motion.

    Accordingly, the initiation of the present proceeding is vitiated in

    law and it amounts to an abuse of the process of Court.

    (ii) The Petitioner further submits that the original Engineer contractor

    namely Sashi Bhusan Kar has awarded the work vide e-

    procurement Notice No.6 (KHD)- 2020 -21 and Bid Identification

    No.e-KHD-06-01/2020-21 for the work “restoration to Saline Gherry

    from Adal to Dochhina”. In this regard the said contractor executed

    the agreement with the Executive Engineer, Khurda Irrigation

    Division Khurda, on 19 February 2021 which was prior to the

    petitioner’s assuming charge of the post on 01 March 2021 thereby

    indicating that the contractual arrangement had been concluded

    before the petitioner came to be associated with the said office. In

    the Clause-7(i) of the Agreement clearly stated that “the Engineer

    contractor shall have to execute the work if awarded to him under his direct

    supervision and he will not be allowed to execute such work through his

    power of attorney holder.” Further, Clause-18 states that “the contract

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    shall not be assigned or sub-let without written approval of the Engineer –

    in-Charge”.

    (iii) The petitioner further submits that no valid or lawful sub-letting

    arrangement exists between the original contractor and the present

    complainant nor has any prior approval been obtained from the

    competent authority for such sub-letting as mandatorily required

    under the contract. It is, therefore, contended that the allegation of

    sub-letting is wholly contrary to the terms and spirit of the

    agreement and devoid of legal sanctity. It is, further, brought on

    record that upon enquiry the Superintending Engineer-II, Internal

    Vigilance Bhubaneswar has categorically found that no sub-letting

    agreement was ever executed nor was any sub-letting of the work

    approved in favour of the complainant by the Superintending

    Engineer Khurda Irrigation Division. This position stands affirmed

    in the report of the Chief Engineer Internal Vigilance Bhubaneswar.

    (iv) It is also undisputed that the complainant does not hold any

    power of attorney from the original contractor in respect of the said

    work and as such lacks any lawful authority or privity to assert

    execution or claim any entitlement arising therefrom. The Petitioner

    further contends that the original engineer contractor namely Sashi

    Bhusan Kar having signed the tender agreement executed the work

    and received amount covered under the 1st RA Bill for the work

    “Restoration of Saline gherry from Adal to Dochhian (Damage and flood

    control)” as per ANNEXURE-2 of the Petition. He did not make any

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    Date: 06-May-2026 13:51:16

    allegation of demand of bribe against the present Petitioner for

    passing of 1st RA Bill. The engineer contractor Sashi Bhusan Kar was

    examined in disciplinary proceeding initiated against the petitioner

    and in that proceeding also he has stated to have no knowledge

    about the alleged demand of bribe by the petitioner to the so-called

    complainant.

    (v) The petitioner further contends that it is a well settled investigative

    norm in trap cases that the Trap Laying Officer must satisfy himself

    as to the veracity of the alleged demand of illegal gratification prior

    to initiating trap proceeding, and that a prudent and unbiased

    officer is expected to undertake at least a minimal verification rather

    than acting solely on the assertions of the complainant. It is further

    submitted that the FIR itself discloses inherent improbabilities,

    inasmuch as the complainant alleges that he approached the

    petitioner on 27 November 2021 for passing of a part bill, which

    date falls on a Fourth Saturday, a notified government holiday

    under the Odisha Government Calendar, 2021, thereby rendering

    the allegation prima facie doubtful. It is contended that the

    Vigilance authorities ought to have verified this elementary fact to

    test the credibility of the allegation. Having failed to do so, the very

    foundation of the preliminary enquiry stands shaky and the

    subsequent trap proceedings are rendered legally unsustainable.

    (vi) The petitioner further submits that at the time of the alleged trap

    on 07 December 2021, he specifically apprised the Trap Laying

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    Officer that the complainant had not visited his office on 27

    November 2021 or on 06 December 2021. It was further informed

    that CCTV cameras installed at the entrance corridor of his office

    were operational and requested that the footage be seized and

    verified to ascertain whether the complainant had entered the office

    premises on the said dates or not. It is also contended that had such

    footage been secured on 07 December 2021, it would have

    conclusively falsified the allegation of prior demand of bribe as

    projected in the FIR. However, despite being made aware of the

    existence and relevance of the CCTV system, the Trap Laying

    Officer and the Investigating Officer failed to seize or examine the

    footage. The omission of this fact, according to the petitioner, is not

    inadvertent but deliberate and intended to suppress material

    evidence that would have discredited the complainant’s version

    thereby rendering the trap proceedings tainted and vitiated in law.

    (vii) The petitioner further submits that the CCTV footage constituted

    the most cogent and reliable piece of evidence to establish as to

    whether the complainant had, in fact, entered the office premises of

    the petitioner on 27 November 2021 and 06 December 2021, so as to

    substantiate the allegation of prior demand of illegal gratification. It

    is also contended that it was incumbent upon the investigating

    agency to secure and produce such a cogent piece of evidence.

    However, despite being fully aware of its existence and relevance,

    the Trap Laying Officer and the Investigating Officer failed to seize

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    the said footage. According to the petitioner, this omission was

    neither accidental nor bona fide, but deliberate and motivated, with

    a view to sustain a false and vexatious prosecution. It is further

    submitted that the petitioner brought these serious lapses to the

    notice of the Principal Secretary to Government of Odisha, G.A. and

    P.G. Department, by way of a detailed representation dated 08

    August 2022, specifically highlighting the illegalities in the

    investigation, including the non-seizure of CCTV footage for the

    relevant dates. The aforesaid conduct, it is contended, clearly

    demonstrates that the investigation was neither fair nor conducted

    in accordance with the spirit of the settled principles of criminal

    jurisprudence.

    (viii) The petitioner further submits that a perusal of the sanction order

    bearing No.2384 Gen dated 30 January 2023 reveals patent non-

    application of mind and legal infirmity inasmuch as the petitioner is

    alleged to have committed criminal misconduct by demanding and

    accepting a bribe of Rs.10000/- and to have thereby attracted Section

    7 of the Prevention of Corruption Act. It is contended that such

    conclusion is ex facie contrary to the statutory scheme as the offence

    of criminal misconduct is specifically governed by Section 13 of the

    Act whereas Section 7 pertains to the offence of a public servant

    being bribed. The conflation of these distinct provisions

    demonstrates a clear confusion on the part of the sanctioning

    authority as to the nature of the alleged offence which according to

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    the petitioner stems from non-consideration or non-production of

    the relevant materials collected during investigation. It is further

    contended that the sanction order does not disclose any reasoning

    nor does it satisfy the statutory requirement of application of mind

    to the facts and evidence on record. It proceeds mechanically to

    accord permission for prosecution without addressing the essential

    ingredients of the alleged offence in law. On these premises, the

    petitioner contends that the sanction order stands vitiated and

    cannot sustain the prosecution in the eye of law.

    (ix) The petitioner also submits that the findings emerging from the

    departmental enquiry unequivocally demolish the substratum of

    the prosecution case inasmuch as the Superintending Engineer

    Irrigation Division Khurda upon due enquiry examined material

    witnesses namely Prabhat Chandra Pattnaik, Assistant Engineer

    Pradip Kumar Behera, Superintending Engineer and Subrat Kumar

    Das, former Superintending Engineer who have consistently

    deposed that subsequent to submission of the first R A Bill on 12

    May 2021, no further bill was prepared in favour of the contractor

    since no work was executed at site and no bill was pending at the

    sub-division level for payment. It is further borne out from record

    that as on 07 December 2021, no bill whatsoever was pending before

    the present petitioner for consideration or approval. The petitioner,

    therefore, contends that in the absence of any pending bill or

    executable work the, foundational premise of demand of illegal

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    gratification for preparation or clearance of such bill stands

    rendered wholly illusory and untenable in law thereby striking at

    the very root of the prosecution case and rendering the allegation

    inherently improbable and devoid of any factual or legal basis.

    (x) It is further submitted that the original contractor namely Sashi

    Bhusan Kar, in his statement, has categorically asserted that no sub-

    letting agreement was ever executed in favour of any person and in

    order to verify the same the Superintending Engineer Khurda

    Irrigation Division by letter dated 14 February 2022 called upon the

    said contractor to produce any power of attorney or document

    evidencing sub-letting if existing. However, in response thereto the

    original contractor by his letter dated 21 August 2024 addressed to

    the Superintending Engineer reiterating the fact that he had not

    sublet the assigned work in favour of any person. Therefore, he

    contends that the consistent stand of the original contractor coupled

    with the absence of any documentary proof of sub-letting, it clearly

    negates the claim of the complainant and reinforces the position

    that no lawful or factual basis exists to attribute any role or liability

    to the petitioner on that premise.

    (xi) It is further submitted that pursuant to the representation of the

    petitioner an enquiry was initiated on the directions of the Engineer

    in Chief-cum-Special Secretary, Internal Vigilance and the same was

    conducted at the level of the Superintending Engineer-II, Internal

    Vigilance Bhubaneswar and the Chief Engineer Internal Vigilance

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    Bhubaneswar. It is stated that the enquiry was undertaken by a

    duly constituted committee comprising the Superintending

    Engineer Khurda Irrigation Division, the Divisional Auditor the

    Estimator the Sub-Divisional Officer, Khurda Irrigation Sub-

    Division the Superintending Engineer II, Internal Vigilance and the

    Executive Engineer I, Internal Vigilance thereby ensuring a

    comprehensive and multi-tier examination of the matter in issue.

    After conducting the enquiry meticulously, they found out and

    held as follows:

    a) There is no subletting of work approved by the
    Superintending Engineer, Khurda Irrigation Division.

    b) Subrajit Samantaray (Complainant) is not to be
    related for the said work.

    c) Work is incomplete and no work is going on since

    15.12.2021.

    d) On the date of occurrence about 12.13% work was

    done but the claim of the complainant for execution of

    70% work is baseless.

    In view of the aforesaid report of the committee, the Chief Engineer,

    Internal Vigilance, Bhubaneswar recorded a categorical finding that the

    present petitioner had no manner of connection with the execution of

    the work in question and that the claim regarding completion of 70

    percent of the work was not borne out from the official records thereby

    rendering the allegation factually untenable.

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    (xii) In so far as the departmental proceeding is concerned, it is

    submitted that an enquiry was duly conducted wherein the

    Additional Chief Engineer was appointed as the Enquiring Officer

    and upon a comprehensive examination of the allegations and the

    articles of charge the Enquiring Officer namely the Additional

    Chief Engineer, Quality Assurance Circle Central Bhubaneswar

    submitted his report dated 28 March 2023 to the Additional

    Secretary to Government Department of Water Resources on 31

    March 2023 wherein it has been held as follows:

    a) there is no evidence to substantiate the allegation

    made by the complainant that 70% of work has been

    done at site.

    b) after the R/A Bill, there is no work done at site, for

    which there is question of preparing Bill by the present

    petitioner does not arise at all.

    c) the present petitioner has not committed any gross

    misconduct and dereliction in discharging regular duty

    and opined that “Headache without Head”.

    d) there is no evidence adduced in the proceeding with

    regard to demand of bribe made by the present

    petitioner.

    e) the petitioner has maintained absolute integrity,

    decorum of conduct and same has not been proved

    against him.

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    f) there is no evidence to prove the charges leveled

    against the present petitioner and he cannot be held

    guilty.

    g) finally recommended the present petitioner is

    exonerated from all the charges leveled against him.

    In view of the aforesaid facts circumstances and the cumulative effect

    of the materials placed on record including the findings of the

    departmental enquiry and vigilance reports, the petitioner submits that

    the prosecution lacks a legally sustainable foundation and is vitiated by

    inherent contradictions, absence of material evidence and non-

    application of mind. It is further contended that the essential

    ingredients of the alleged offence remain unsubstantiated and the

    continuation of the proceeding would not only be futile but would

    amount to an abuse of the process of law resulting in grave miscarriage

    of justice. It is therefore submitted that this is a fit case where the

    inherent jurisdiction of this Court ought to be exercised to secure the

    ends of justice by quashing the entire proceeding against the petitioner.

    III. SUBMISSIONS ON BEHALF OF THE OPPOSITE PARTIES:

    4. Per contra, the learned counsel for the Opposite Party/ Vigilance

    through oral arguments and by filing of written note of submissions

    earnestly made the following submission in support of his submissions

    (i) The opposite party submits that the materials collected during

    investigation, namely the FIR, preparation report, detection report,

    and the statements of the complainant as well as the overhearing

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    witnesses recorded under Sections 161 and 164 of the CrPC,

    cumulatively lend due corroboration to the prosecution case and

    clearly disclose the commission of an offence under Section 7 of the

    Prevention of Corruption Amendment Act, 2018 against the

    petitioner.

    (ii) The opposite party further submits that the Detection Report, which

    sets out in detail of the circumstances relating to demand, acceptance

    and recovery of the tainted money, bears the signature of the

    petitioner as well as other witnesses, thereby evidencing due

    acknowledgment of its contents. It is contended that such

    endorsement lends substantial credence to the prosecution version.

    It is further urged that the petitioner has taken inconsistent and

    contradictory stands with regard to the possession of the tainted

    currency notes, and such discrepancies raise questions of fact which

    cannot be adjudicated in proceedings of this nature and are required

    to be tested on the anvil of evidence during trial.

    (iii) The opposite party further contends that the statements

    recorded in the course of departmental proceedings are not

    admissible as evidence in a criminal trial and cannot be relied upon

    for the purpose of adjudication in the present proceeding. Ld.

    Counsel further submitted that the departmental authority has not

    yet rendered any final decision in the disciplinary proceeding and in

    any event, even a finding of exoneration in a departmental enquiry

    does not ipso facto warrants quashing or termination of the criminal

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    prosecution inasmuch as the two proceedings operate in distinct

    fields with different standards of proof and scope of consideration.

    (iv) The opposite party further contends that the plea regarding

    alleged non-application of mind by the sanctioning authority and

    the validity of sanction and those grounds are essentially matters to

    be examined during trial and cannot be conclusively determined at

    this stage. It is further submitted that issues relating to corroboration

    or contradiction in the statements of witnesses as well as

    appreciation of evidence fall squarely within the domain of trial and

    do not warrant interference in a proceeding under Section 482 of the

    CrPC wherein the Court is not expected to undertake a detailed

    evaluation of evidence.

    (v) The opposite party Vigilance further contends that the grounds

    as submitted by the petitioner are essentially in the nature of defence

    pleas which cannot be adjudicated in proceedings under Section 482

    of the CrPC. It is submitted that a substantial portion of the

    documents and materials relied upon by the petitioner do not form

    part of the prosecution record and therefore cannot be considered at

    this preliminary stage. It is further urged that the veracity,

    admissibility and evidentiary value of such materials as well as the

    defence sought to be projected can only be examined during the

    course of trial upon proper proof and cross examination of

    witnesses. Any evaluation thereof at this stage would amount to a

    premature appreciation of evidence which is impermissible in law

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    accordingly it is contended that no case for quashment is made out

    and the present CRLMC is liable to be dismissed at the threshold.

    IV. COURT’S REASONING AND ANALYSIS:

    5. Having heard learned counsel for the parties at length and upon

    careful perusal of the materials placed on record and the written notes

    of submission, this Court proceeds to examine the contours of its

    jurisdiction under Section 482 of the Cr.P.C., which is to be exercised

    sparingly, with circumspection and only to prevent abuse of the

    process of Court or to secure the ends of justice. The jurisprudential

    foundation of such power has been consistently delineated by the

    Hon’ble Supreme Court in State of Haryana v. Bhajan Lal1 and

    subsequent authorities, wherein it has been held that where the

    allegations do not disclose the commission of any offence or where the

    prosecution is manifestly attended with mala fide and instituted with

    ulterior motive, interference is not only permissible but warranted.

    6. The submission advanced on behalf of the petitioner, far from being a

    mere technical objection, strikes at the very substratum of the

    prosecution case. In offences under the Prevention of Corruption Act, it

    is a settled and indispensable requirement that demand of illegal

    gratification must be clearly and unequivocally established. In the

    present case, the Vigilance authorities, despite having the opportunity,

    failed to undertake even the most elementary steps to verify the alleged

    demand prior to laying the trap. The omission to record the telephonic

    1
    1992 Supp (1) SCC 335

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    conversation between the complainant and the petitioner, or to equip

    the complainant with any recording device during the trap, assumes

    significance in the absence of any independent corroborative material.

    Such lapses cannot be brushed aside as inconsequential irregularities.

    7. The failure of the investigating agency to secure the best available

    evidence gives rise to a legitimate inference that the prosecution has

    not come forward with the complete and unvarnished truth. It is not a

    case of mere inadequacy of investigation, but one where the

    foundational element of demand itself rests on uncorroborated

    assertions of the complainant. While it is true that electronic evidence is

    not a statutory mandate in every case, where such evidence is easily

    obtainable and yet deliberately withheld or not collected, the Court is

    justified in drawing an adverse inference against the prosecution. The

    absence of any independent or tangible verification of the alleged

    demand thus creates a serious dent in the credibility of the prosecution

    story at its inception.

    8. At the stage of considering the sustainability of the proceeding, the

    Court is not expected to act as a mere silent spectator to manifest

    investigative deficiencies that go to the root of the matter. Where the

    materials on record fail to disclose a prima facie case of demand which

    is an essential ingredient of the offence and the continuation of the

    criminal proceeding would amount to an abuse of the process of Court.

    In such circumstances, relegating the petitioner to face a full-fledged

    trial, despite the inherent weakness in the prosecution case, would

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    result in undue harassment and miscarriage of justice. The benefit of

    such foundational infirmity must, therefore, go to the petitioner at this

    stage itself.

    9. The contention raised by the petitioner cannot be dismissed as a mere

    defence plea to be relegated to trial, but discloses a foundational

    infirmity which goes to the root of the prosecution case. The sequence

    of events, as borne out from the record, prima facie suggests a hurried

    and mechanical initiation of trap proceedings on the very next day, i.e.,

    07.12.2021, without any meaningful effort to verify the alleged demand

    attributable to the petitioner. The allegation of collusion between the

    complainant and the Vigilance authorities, though requiring proof,

    gains some plausibility in light of the conspicuous absence of any

    independent verification or adherence to established procedural

    safeguards. The investigating agency, instead of acting with

    circumspection, appears to have proceeded in undue haste, thereby

    casting a serious doubt on the fairness and integrity of the entire

    exercise.

    10. Tested on the anvil of the aforesaid legal position, this Court finds that

    the foundational facts in the present case are riddled with serious

    inconsistencies and inherent improbabilities. The very locus of the

    complainant to interact with the petitioner in relation to the execution

    of the work is rendered doubtful in view of the admitted contractual

    stipulations, which prohibit subletting without prior approval and

    mandate execution of work by the original contractor under his direct

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    supervision. The materials on record, including the vigilance enquiry

    as well as the departmental proceedings, unequivocally indicate that no

    such subletting was ever approved and that the complainant had no

    legal privity with the contract.

    11. It is well settled that while a preliminary enquiry may not be

    mandatory in every case, it assumes significance where the allegations

    are capable of verification and where the consequences of registration

    of a vigilance case are grave and far-reaching for a public servant. In

    such circumstances, fairness in action demands that the authorities act

    with due diligence to ascertain the veracity of the complaint before

    setting the criminal law in motion. The failure to do so, coupled with

    the absence of any effort to secure even minimal corroborative material

    regarding the demand, renders the prosecution vulnerable at its very

    inception.

    12. Accordingly, allowing the criminal proceeding to continue in the face

    of such patent and fundamental deficiencies would result in subjecting

    the petitioner to an unwarranted and oppressive trial, a course which

    the law firmly discourages. The case, therefore, calls for judicial

    intervention at this threshold stage to prevent abuse of the process of

    Court and to secure the ends of justice.

    13. It is further significant to note that even in the parallel departmental

    proceeding, the allegations levelled by the complainant did not

    withstand scrutiny and were found to be devoid of substance. The

    specific accusation in the FIR, pertaining to preparation and

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    measurement of work for the purpose of passing the bill, is

    demonstrably misconceived. As per the established administrative

    framework, the responsibility for preparation of the bill lies with the

    Junior Engineer, while the authority to approve and clear the same

    vests with the Superintending Engineer. The role of the present

    petitioner is confined merely to verification and checking of the

    assigned work, without any determinative authority in the matter of

    bill approval.

    14. In the aforesaid backdrop, the allegations levelled against the petitioner

    are not only bereft of any substantive material on record but are also

    fundamentally at variance with the well-defined contours of his official

    duties. The prosecution, therefore, fails to disclose even the basic

    ingredients necessary to constitute a prima facie case so as to justify

    continuation of the criminal proceeding.

    15. More importantly, it is now a settled principle of law that proof of

    demand of illegal gratification is the sine qua non for establishing an

    offence under Section 7 of the Prevention of Corruption Act. In the

    absence of such proof, mere recovery or acceptance of tainted G.C.

    notes, divorced from the element of demand, would not suffice to bring

    home the charge. The recovery, howsoever, incriminating it may

    appear at first blush, cannot by itself sustain a conviction unless it is

    preceded by and connected with a proven demand of bribe.

    16. In the facts of the present case, where the essential ingredient of

    demand of illegal gratification remains conspicuously unsubstantiated,

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    the very edifice of the prosecution stands rendered fragile and

    unsustainable. Continuation of such a proceeding, in the absence of this

    indispensable requirement, would be legally impermissible and would

    tantamount to a clear abuse of the process of Court, warranting

    interference at this stage itself. The Constitution Bench of Hon’ble

    Supreme Court in case of Neeraj Dutta Vrs. State (Govt. of NCT of

    Delhi)2 framed a principles/ guideline on the very issue:

    88. What emerges from the aforesaid discussion is
    summarized as under:

    88. (a) Proof of demand and acceptance of illegal
    gratification by a public servant as a fact in issue by the
    prosecution is a sine qua non in order to establish the guilt
    of the accused public servant under Sections 7 and
    13(1)(d)(i) and (ii) of the Act.

    88.2 (b)In order to bring home the guilt of the accused, the
    prosecution has to first rov the demand of illegal
    gratification and the subsequent acceptance as a matter of
    fact. This fact in issue can be proved either by direct
    evidence which can be in the nature of oral evidence or
    documentary evidence.

    88.3.(c) Further, the fact in issue, namely the proof of
    demand and acceptance of illegal gratification can also be
    proved by circumstantial evidence in the absence of direct
    oral and documentary evidence.

    88.4.(d) In order to prove the fact in issue, namely, the
    demand and acceptance of illegal gratification by the public
    servant, the following aspects have to be borne in mind:

    2

    (2023)4 SCC 731 : 2022 LiveLaw (SC) 1029

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    (i) if there is an offer to pay by the bribe- giver without
    there being any demand from the public servant and the
    latter simply accepts the offer and receives the illegal
    gratification, it is a case of
    acceptanceasperSection7oftheAct.In such a case, there need
    not be a prior demand by the public servant.

    (ii) On the other hand, if the public servant makes a demand
    and the bribe-giver accepts the demand and tenders the
    demanded gratification which in turn is received by the
    public servant, it is a case of obtainment. In the case of
    obtainment, the prior demand for illegal gratification
    emanates from the public servant. This is
    anoffenceunderSections13(1)(d)(i)and (ii) of the Act.

    (iii) In both cases of (i) and (ii) above, the offer by the bribe-

    giver and the demand by the public servant respectively
    have to be proved by the prosecution as a fact in issue. In
    other words, mere acceptance or receipt of an illegal
    gratification without anything more would not make it an
    offence under Section 7 or Sections 13(1)(d),(i) and (ii),
    respectively of the Act.

    Therefore, underSection7oftheAct, in order to
    bring home the offence, there must be an offer which
    emanates from the bribe- giver which is accepted by the
    public servant which would make it an offence. Similarly, a
    prior demand by the public servant when accepted by the
    bribe-giver and in turn there is a payment made which is
    received by the public servant, would be an offence of
    obtainment under Sections 13(1)(d) and (i) and (ii) of the
    Act.

    88.5 (e) The presumption of fact with regard to the demand
    and acceptance or obtainment of an illegal gratification may

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    be made by a court of law by way of an inference only when
    the foundational facts have been proved by relevant oral and
    documentary evidence and not in the absence thereof. On
    the basis of the material on record, the Court has the
    discretion to raise a presumption of fact while considering
    whether the fact of demand has been proved by the
    prosecution or not. Of course, a presumption of fact is
    subject to rebuttal by the accused and in the absence of
    rebuttal presumption stands
    88.6 (f) In the event the complainant turns ‘hostile’, or has
    died or is unavailable to let in his evidence during trial,
    demand of illegal gratification can be proved by letting in
    the evidence of any other witness who can again let in
    evidence, either orally or by documentary evidence or the
    prosecution can prove the case by circumstantial evidence.
    The trial does not abate nor does it result in an order of
    acquittal of the accused public servant.

    88.7 (g) In so far as Section 7 of the Act is concerned, on the
    proof of the facts in issue, Section 20 mandates the court to
    raise a presumption that the illegal gratification was for the
    purpose of a motive or reward as mentioned in the said
    Section. The said presumption has to be raised by the court
    as a legal presumption or a presumption in law. Of course,
    the said presumption is also subject to rebuttal. Section 20
    does not apply to Section 13(1)(d) (i) and (ii) of the Act.
    88.8 (h) We clarify that the presumption in law under
    Section 20 of the Act is distinct from presumption of fact
    referred to above in point (e) as the former is a mandatory
    presumption while the latter is discretionary in nature.

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    17. Referring to the decision of the constitutional bench of the Apex Court

    in case of the Neeraj Dutta Vrs. State (Govt. of NCT of Delhi) (Supra)

    further held that:

    “Even the issue of presumption under Section 20 of the PC
    Act has been answered by the Constitution Bench by
    holding that only on proof of the facts in issue, Section 20
    mandates the Court to raise a presumption that illegal
    gratification was for the purpose of motive or reward as
    mentioned in Section 7 (as it existed prior to the
    amendment of 2018). In fact, the Constitution Bench has
    approved two decisions by the benches of three Hon’ble
    Judges in the cases of B. Jayaraj v. State of Andhra
    Pradesh
    reported in2014 (13) SCC 55andP.

    Satyanarayana Murthy Vrs. District Inspector of
    Police, State of Andhra Pradesh and another, reported
    in (2015) 10 SCC 152. There is another decision of a three
    Judges’ bench in the case of N. Vijayakumar v. State of
    Tamil Nadu
    , reported in2021 (3) SCC 687 , which follows
    the view taken in the cases of B. Jayaraj and P.
    Satyanarayana Murthy . In paragraph 9 of the decision in
    the case of B. Jayaraj, this Court has dealt with the
    presumption under Section 20 of the PC Act. In paragraph
    9, held thus:

    “9. Insofar as the presumption permissible to be drawn
    under Section 20 of the Act is concerned, such presumption
    can only be in respect of the offence under Section 7 and not
    the offences under Sections 13(1)(d)(i) and (ii) of the Act. In
    any event, it is only on proof of acceptance of illegal
    gratification that presumption can be drawn under Section
    20
    of the Act that such gratification was received for doing
    or forbearing to do any official act. Proof of acceptance of
    illegal gratification can follow only if there is proof of
    demand. As the same is lacking in the present case the
    primary facts on the basis of which the legal presumption

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    under Section 20 can be drawn are wholly absent.”

    (emphasis added)
    The presumption under Section 20 can be invoked only
    when the two basic facts required to be proved under
    Section 7, are proved. The said two basic facts are ‘demand’
    and ‘acceptance’ of gratification. The presumption under
    Section 20 is that unless the contrary is proved, the
    acceptance of gratification shall be presumed to be for a
    motive or reward, as contemplated by Section 7. It means
    that once the basic facts of the demand of illegal gratification
    and acceptance thereof are proved, unless the contrary are
    proved, the Court will have to presume that the gratification
    was demanded and accepted as a motive or reward as
    contemplated by Section 7. However, this presumption is
    rebuttable. Even on the basis of the preponderance of
    probability, the accused can rebut the presumption.
    “18. The allegation of demand of gratification and
    acceptance made by a public servant has to be established
    beyond a reasonable doubt. The decision of the Constitution
    Bench does not dilute this elementary requirement of proof
    beyond a reasonable doubt. The Constitution Bench was
    dealing with the issue of the modes by which the demand
    can be proved. The Constitution Bench has laid down that
    the proof need not be only by direct oral or documentary
    evidence, but it can be by way of other evidence including
    circumstantial evidence. When reliance is placed on
    circumstantial evidence to prove the demand for
    gratification, the prosecution must establish each and every
    circumstance from which the prosecution wants the Court
    to draw a conclusion of guilt. The facts so Criminal Appeal
    No.1669 of 2009 established must be consistent with only
    one hypothesis that there was a demand made for
    gratification by the accused. Therefore, in this case, we will
    have to examine whether there is any direct evidence of
    demand. If we come to a conclusion that there is no direct
    evidence of demand, this Court will have to consider

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    whether there is any circumstantial evidence to prove
    the demand.

    18. Similar sentiment was echoed in N. Sunkanna Vrs. State of Andhra

    Pradesh3 wherein it has been held by the Apex Court that :-

    “Mere possession and recovery of the currency notes from
    the accused without proof of demand will not bring home
    the offence under section 7 of the Act, since demand of
    illegal gratification is sine-qua-non to constitute the said
    offence.”

    19. Referring to the aforesaid decision, the Hon’ble Supreme Court in

    Soundarajan vrs. State Rep. by the Inspector of Police Vigilance
    Anticorruption Dindigul4 has held in Paragraph 12 that:

    “There is no circumstantial evidence of demand for
    ratification in this case. In the circumstances, the offencesun
    ishable under Section 7 and Section 13(2) read withSection
    13(1)(d) have not been established. Unless both demand
    and acceptance are established, offence of
    obtaining pecuniary advantage by corrupt means covered
    by clauses (i) and (ii) of Section 13(1)(d) cannot be proved.”

    20. Further, in case of Mir Mustafa Ali Hasmi Vs. The State of A.P5, the

    Apex Court has rendered the findings that :

    “After a threadbare analysis and evaluation of the evidence
    available on record, we feel that the prosecution case is
    full of embellishments contradicting and doubting and
    thus, it would not be safe to convict the
    appellant(AO1) for having demanded and accepted the
    bribe money from the complainant(PW-1). At the cost

    3
    (2016) 1 SCC 713
    4
    (2023)16 Supreme Court cases 141: 2023 SCC Online SC 424
    5
    2024 LiveLaw (SC) 468

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    of repetition, we may state that the manner in which M.
    Ashok S/o Abbaiah was associated as a panch witness in
    the trap proceedings, creates a grave doubt that
    the entire case was orchestrated against the
    appellant(AO1) at the instance of the said M. Ashok”

    21. Similar sentiment has also been expressed by this Court in Dibakar

    Sethi Vrs. State of Odisha6, Raja Kishore Mishra Vrs. State of Odisha

    (Vigilance)7, Rebati Ballav Tripathy Vrs. State of Odisha (G.A.

    Department)8, Santosh Kumar Mishra Vrs. State of Odisha (Vigilance)9.

    22. The observations and conclusions recorded by the sanctioning

    authority are manifestly unsustainable in law. A perusal of the sanction

    order reveals a complete absence of application of mind, inasmuch as it

    neither discloses the material considered nor demonstrates satisfaction

    of the statutory requirements necessary for according sanction under

    the Act. The order is conspicuously silent as to how the ingredients of

    the alleged offence are made out against the petitioner and fails to

    reflect any independent evaluation of the record.

    23. The issue of sanction also merits consideration. Sanction is not an idle

    formality but a solemn act requiring due application of mind. The

    apparent conflation of distinct statutory provisions and absence of

    reasoning in the sanction order prima facie indicate non application of

    mind. While ordinarily such issues may be left for trial, where the

    defect is apparent on the face of the record and goes to the root of

    6
    (2024) 95 OCR-56
    7
    (2024)95 OCR-83
    8
    2024 (Supp.II) OLR-843
    9
    2024(Supp.II) OLR-1005

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    jurisdiction, this Court would not be powerless to intervene. The grant

    of sanction, being a solemn and sacrosanct act intended to afford

    protection against frivolous prosecution, cannot be reduced to a mere

    formality or mechanical exercise. In the present case, the sanction

    appears to have been accorded in a routine and perfunctory manner,

    without assigning reasons or indicating due consideration of relevant

    facts. Such a sanction, lacking in reasoning and reflective scrutiny,

    stands vitiated in the eye of law and cannot sustain the prosecution

    against the petitioner. In this context, the Supreme Court in State of

    Karantaka Vs. Ameer Jan10 has succinctly observed that:

    “For the aforementioned purpose, indisputably, application
    of mind on the part of the sanctioning authority is
    imperative. The order granting sanction must be
    demonstrative of the fact that there had been proper
    application of mind on the part of the sanctioning authority.
    We have noticed hereinbefore that the sanctioning authority
    had purported to pass the order of sanction solely on the
    basis of the report made by the Inspector General of Police,
    Karnataka Lokayuktha. Even the said report has not been
    brought on record. Thus, whether in the said report, either
    in the body thereof or by annexing therewith the relevant
    documents, IG Police Karnataka Lokayuktha had placed on
    record the materials collected on investigation of the matter
    which would prima facie establish existence of evidence in
    regard to the commission of the offence by the public servant
    concerned is not evident. Ordinarily, before passing an
    order of sanction, the entire records containing the
    materials collected against the accused should be placed
    before the sanctioning authority. In the event, the order of
    sanction does not indicate application of mind as the

    10
    2007(4) CCR 188 (S.C): AIR 2008 SC.108- (2007) 11 SCC 273

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    materials placed before the said authority before the order of
    sanction was passed, the same may be produced before the
    court to show that such materials had in fact been
    produced.”

    24. The report of the Internal Vigilance Committee dated 02.04.2022,

    submitted by the Superintending Engineer (Internal Vigilance),

    Bhubaneswar and the Chief Engineer (Internal Vigilance),

    Bhubaneswar, unequivocally records that the present petitioner had no

    nexus whatsoever with the execution of the work in question, and

    further disbelieves the complainant’s assertion regarding completion of

    70% of the work as being unsupported by official records. The said

    findings are further fortified by the outcome of the departmental

    proceeding, wherein, pursuant to the report dated 28.03.2023 submitted

    by the Additional Chief Engineer-cum-Inquiry Officer, Quality

    Assurance Circle (Central), Bhubaneswar, the petitioner stood fully

    exonerated of all charges framed against him.

    25. In light of these authoritative findings, rendered upon a detailed

    evaluation of the records, the very substratum of the allegations stands

    dislodged. Where, on identical facts and circumstances, a competent

    departmental inquiry has culminated in a clean exoneration on merits,

    holding the allegations to be unsustainable, the continuation of criminal

    prosecution would be wholly unjustified. It is well settled that though

    departmental and criminal proceedings operate in distinct spheres,

    where the exoneration is not on technical grounds but on a clear finding

    that the allegations are unfounded, permitting the criminal prosecution

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    to proceed would amount to an abuse of the process of Court.

    26. In the aforesaid circumstances, where the petitioner stands exonerated

    on merits and the very allegations have been found to be devoid of

    substance, the continuation of the criminal proceeding would be wholly

    unjustified and legally unsustainable. Permitting such prosecution to

    proceed, despite the collapse of its foundational basis, would amount to

    a manifest abuse of the process of Court and cannot be countenanced in

    law. The facts of the case presented before this Court, this Court had

    the occasion to deal a similar case in Dr. Minaketan Pani Vs. State of

    Odisha11 wherein it has been held in paragraph 26 that:

    “For all of the aforementioned reasons, in the facts and
    circumstances of the present case where on the same charges
    on which the Petitioner is facing criminal trial he has been
    honourably exonerated in the departmental proceedings, the
    Court adopts the reasoning of the decisions in Radheyshyam
    Kejriwal v. State of West Bengal
    (supra) and Ashoo
    Surendranath Tewari v. Deputy Superintendent of Police,
    EOW,CBI (supra) and sets aside the impugned order dated
    15th January 2009, passed by the Sub-Divisional Judicial
    Magistrate(s) Cuttack in G.R. Case No. 1057 of 2007.”

    27. Similarly, High Court of Bombay in case of Keshav Vs. State of

    Maharashtra, Through Police Station Officer and Another12 was of the

    view that:

    “It is pertinent to mention here that the criminal complaint
    filed against the applicant by informant-Shri Milind Totare
    does not contain any more allegations than what formed the
    basis of charge no. 1 levelled against the applicant in the
    11
    2022 SCC OnLine Ori 3304 : (2022) 134 CLT 796
    12
    2022 SCC OnLine Bom 1314 : (2022) 3 Bom CR (Cri) 238 : (2022) 2 AIR Bom R (Cri) 816

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    department enquiry proceedings held against him in which
    the applicant has been exonerated of charge no. 1. It then
    follows that the criminal investigation being carried out
    against the applicant in its present form cannot continue.
    But, at the same time, if any other enquiry is made by the
    Investigating Officer and some new material constituting
    new offence is discovered, the Enquiry Officer would always
    be at liberty to book the applicant for the new offence prima-
    facie found against him. But till that time, the complaint in
    the present form and the investigation based on it cannot be
    allowed to continue or otherwise it would be nothing but
    abuse of process of law.

    In view of above, the application is allowed and the
    First Information Report filed against the applicant bearing
    Crime No.149/2020 dated 11/03/2020 at Police Station
    Sadar, Nagpur City for the offences punishable under
    Sections 13(1)(c)(d) and 13(2) of the Prevention of
    Corruption Act, 1988 is hereby quashed and set aside.”

    28. Similar view was also expressed by the Apex Court in case of

    Radheyshyam Kejriwal v. State of West Bengal13 where the following

    principles were laid down:

    “38. The ratio which can be culled out from these decisions
    can broadly be stated as follows:

    (i) Adjudication proceedings and criminal prosecution can
    be launched simultaneously;

    (ii) Decision in adjudication proceedings is not necessary
    before initiating criminal prosecution;

    (iii) Adjudication proceeding and criminals proceeding are
    independent in nature to each other;

    (iv) The finding against the person facing prosecution in the
    adjudication proceedings is not binding on the proceeding
    for criminal prosecution;

    (v) Adjudication proceedings by the Enforcement

    13
    (2011) 3 Supreme Court Cases 581

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    Directorate is not prosecution by a competent court of law
    to attract the provisions of Article 20(2) of the Constitution
    or Section 300 of the Code of Criminal Procedure;

    (vi) The finding in the adjudication proceedings in favour of
    the person facing trial for identical violation will depend
    upon the nature of finding. If the exoneration in
    adjudication proceeding is on technical ground and not on
    merit, prosecution may continue; and

    (vii) In case of exoneration, however, on merits where
    allegation is found to be not sustainable at all and the
    person held innocent, criminal prosecution on the same set
    of facts and circumstances cannot be allowed to continue,
    the underlying principle being the higher standard of proof
    in criminal cases.”

    29. In the meantime, the petitioner has already superannuated from service

    and the continuance of the present criminal proceeding, in such

    circumstances, would only result in undue hardship without serving

    any meaningful legal purpose. It is well settled through a consistent

    line of decisions of the Apex Court that while exercising inherent

    jurisdiction under Section 482 CrPC, the High Court is required to

    confine itself to the allegations contained in the complaint and the

    accompanying materials, taken at their face value. At the same time,

    such power, though to be exercised sparingly and with circumspection,

    is intended precisely to prevent abuse of the process of Court and to

    secure the ends of justice in appropriate cases.

    30. In the conspectus of the present case, even if the allegations are taken at

    their face value and accepted in their entirety, they do not disclose the

    essential ingredients constituting the alleged offence. The prosecution,

    being tainted by inherent infirmities, fails to meet the threshold

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    required for continuation of criminal proceedings. The case thus

    unmistakably falls within the well-settled parameters governing the

    exercise of inherent jurisdiction under Section 482 CrPC. Accordingly,

    the present matter squarely attracts multiple recognized categories

    warranting quashment, and any reluctance on the part of this Court to

    intervene would not only perpetuate an abuse of the process of law but

    would also occasion a grave miscarriage of justice. Recently, the Apex

    Court in the case of M/s. Neeharika Infrastructure Pvt. Ltd. v. State of

    Maharashtra and Ors,14 has observed that:

    “18. However, if the High Court is fully satisfied that the
    materials produced by the accused are such that would lead
    to the conclusion that his defence is based on sound,
    reasonable and indubitable facts, or the same would rule out
    or displace the assertions in the complaint or the materials
    relied on by the accused would reject and overrule the
    veracity of the allegations, the judicial conscience of the
    High Court would persuade to exercise its power under
    Section 482 of CrPC and to quash such criminal
    proceedings to avoid or to prevent the abuse of the process of
    the court and secure the ends of justice.”

    31. Further, in Mukesh and others v. State of UP and others15 the Supreme

    Court has held that the scope of Section 482 is wider than that of

    discharge proceedings, as in quashing petitions the accused may rely on

    documents outside the charge sheet to demonstrate abuse of process of

    law. The relevant portions of at Para.8 are as follows;

    “xxxx. However, in a petition for quashing either under
    Section 482 of the Code of Criminal Procedure, 1973 or

    14
    AIR 2021 SC 1918
    15
    2024 LiveLaw (SC) 960

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    under Article 226 of the Constitution of India, a wider
    challenge is available including a challenge on the ground of
    abuse of process of law. In such proceedings, the accused
    can rely upon documents which are not the part of the
    charge-sheet.”

    V. CONCLUSION:

    32. In view of the foregoing analysis, and upon careful consideration of the

    material facts and circumstances of the case, this Court is of the

    considered opinion that the F.I.R. as well as the criminal proceedings in

    respect of Bhubaneswar Vigilance P.S. Case No.42 of 2021

    corresponding to VGR No.46 of 2021 and subsequently converted to

    T.R. Case No.18 of 2023, pending before the learned Special Judge,

    Vigilance, Bhubaneswar as well as consequential criminal proceedings

    emanating there from, are liable to be quashed and set aside.

    Consequently, this Court is inclined to accede to the relief prayed for by

    the Petitioner.

    33. Accordingly, the CRLMC stands allowed.

    (Dr. Sanjeeb K Panigrahi)
    Judge
    Orissa High Court, Cuttack,
    Dated the 17th April, 2026/

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