STATE OF ODISHA versus PRATIMA MOHANTY ETC.

STATE OF ODISHA versus PRATIMA MOHANTY ETC.

The High Court erred in quashing the criminal proceedings against accused Nos.3,4 and 5 because it impermissibly entered into the merits and conducted a mini-trial by weighing evidence at the Section 482 Cr.P.C. stage; given the charge-sheet filed after thorough investigation and serious allegations of conspiracy and large loss to B.D.A., the case did not fall within the Bhajan Lal exceptions and the accused must face trial.

Parties
Appellant: State of Odisha; Respondent: Pratima Mohanty; Respondent: Prakash Chandra Patra; Respondent: Rajendra Kumar Samal
Jurisdiction
India
Judgment Date
11 December 2021
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Quashing Criminal Proceedings Under Section 482 Cr.p.c.
Outcome
Appeals allowed; impugned High Court judgment and order quashed and set aside insofar as it quashed criminal proceedings against original accused Nos.3,4 and 5; respondents 3,4 and 5 to face trial
Legal Topics
Quashing Under Section 482 Cr.p.c., Prevention of Corruption Act Offences, Criminal Conspiracy (section 120 B Ipc), Allotment of Public Property, Discretionary Quota and Probity in Governance
Criminal Law Administrative Law Anti Corruption Law Quashing Under Section 482 Cr.p.c. Prevention of Corruption Act Offences Criminal Conspiracy (section 120 B Ipc) Allotment of Public Property Discretionary Quota and Probity in Governance

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Parties

State of Odisha

Appellant

Pratima Mohanty

Respondent

Prakash Chandra Patra

Respondent

Rajendra Kumar Samal

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Quashing Criminal Proceedings Under Section 482 Cr.p.c.

Legal Issues

  1. 1 Whether the High Court erred in quashing criminal proceedings under Section 482 Cr.P.C.
  2. 2 Whether the case falls within exceptions enumerated in State of Haryana v. Ch. Bhajan Lal (para 102)
  3. 3 Whether the High Court impermissibly conducted a mini-trial by weighing evidence at quashing stage

Ratio Decidendi

The High Court erred in quashing the criminal proceedings against accused Nos.3,4 and 5 because it impermissibly entered into the merits and conducted a mini-trial by weighing evidence at the Section 482 Cr.P.C. stage; given the charge-sheet filed after thorough investigation and serious allegations of conspiracy and large loss to B.D.A., the case did not fall within the Bhajan Lal exceptions and the accused must face trial.

Court Disposition

Appeals allowed; impugned High Court judgment and order quashed and set aside insofar as it quashed criminal proceedings against original accused Nos.3,4 and 5; respondents 3,4 and 5 to face trial

Orders

  • Impugned common judgment and order dated 04.09.2019 of the High Court quashing criminal proceedings against original Accused Nos.4,5 & 3 is quashed and set aside
  • Respondent Nos.4, 5 & 3 to face trial along with other co-accused