CUTTACK, India, May 19 -- Orissa High Court issued the following order on April 17:

1. Since the issues raised in both the above-mentioned CRLMCs involve common question of fact and law, those were heard analogously and are being disposed of by this common judgment. For the sake of convenience and effective adjudication, CRLMC No.1589 of 2025 is treated as the lead case.

2. The Petitioner, through the present CRLMC, calls in question the order dated 16.01.2023 passed by the learned Special Judge, Vigilance, Bhubaneswar in T.R. Case No. 03 of 2023 arising out of Cuttack Vigilance Cell P.S. Case No. 21 of 2019, whereby cognizance was taken of offences punishable under Sections 7 and 12 of the Prevention of Corruption Act, 1988 as amended, read with Section 120B of the IPC, against the Petitioner and another co-accused. The said proceeding arises out of allegations relating to demand and acceptance of illegal gratification in connection with the release of bills of an empaneled supplier under the Directorate of Horticulture, Odisha, at a time when the Petitioner was serving as Director of Horticulture.

I. FACTUAL MATRIX OF THE CASE:

3. The brief facts necessary for disposal of this CRLMC are as follows:-

(i) The present CRLMC has been filed by the petitioner, who at the relevant time was serving as Director of Horticulture, Odisha, assailing the order dated 16.01.2023 passed by the learned Special Judge, Vigilance, Bhubaneswar in T.R. Case No. 03 of 2023 arising out of Cuttack Vigilance Cell P.S. Case No. 21 of 2019, by which cognizance was taken of offences under Sections 7 and 12 of the Prevention of Corruption Act, 1988 as amended, read with Section 120B of the IPC, against the petitioner and another accused. The criminal proceeding arises out of allegations concerning demand and acceptance of illegal gratification in connection with release of bills of a supplier engaged with the Directorate of Horticulture.

(ii) The record shows that SRM Plastochem Pvt. Ltd. was an empaneled supplier of micro irrigation systems to the Directorate of Horticulture, Odisha under the Pradhan Mantri Krishi Sinchayee Yojana, and the complainant, Sri Subash Chandra Sahu, was its authorised representative. The bills relating to such supplies, after district level processing and verification, were required to be forwarded to the Directorate for approval and release of payment. At the relevant time, bills of the company were pending for payment.

(iii) On 04.09.2019, the complainant contacted the petitioner through WhatsApp and thereafter met him in office in connection with release of the pending bills. As reflected in the record, the prosecution case is that, in the course of this interaction, a demand for illegal gratification was made and the complainant was asked to remain in touch with Sri Santosh Kumar Pattanayak, Relationship Manager, Yes Bank, Bapuji Nagar Branch, Bhubaneswar. The material on record also refers to a WhatsApp message sent later on the same date by the complainant to the petitioner stating that he could make payment of only Rs.50,000/- that day.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x0ma51mlN6l6aOLCRryMFzK3Q%2BfA%2B9CLND%2BdDJuF1kBD&caseno=CRLMC/3441/2025&cCode=1&cino=ODHC010613652025&state_code=11&appFlag=)

Disclaimer: Curated by HT Syndication.