The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P. (C) No. 15904 of 2025 Shantilata Behera …. Petitioner Mr. S. Palit, Senior Advocate -Versus- State of Odisha and others …. Opposite Parties Mr. P.K. Ray, AGA CORAM: MR. JUSTICE R.K. PATTANAIK
Decision
ORDER 08.07.2025 Order No. 03. 1. Heard Mr. Palit, learned Senior Advocate appearing for the petitioner and Mr. Ray, learned AGA for the State. 2. Instant writ petition is filed by the petitioner for a direction to opposite party No.3 to register an F.I.R. and to take up investigation in terms of the order dated 29th January, 2024 as at Anneuxe-14 of learned Lokayukta directed in connection with LY No. 44 of 2022 on the grounds stated. 3. Mr. Palit, learned Senior Advocate appearing for the petitioner submits that the petitioner lodged an F.I.R. registered as Fategarh P.S. Case No.128 dated 15th July, 2021 alleging therein that without her consent, the development work to have been undertaken unlawfully leading to the misappropriation of Government fund, inasmuch as, without any work being done, the bills have been cleared. It is further submitted that according to the F.I.R., the signature of the petitioner was Page 1 of 5 forged in the bills in relation to twenty Panchayats. The submission of Mr. Palit, Senior Advocate is that learned Lokayukta by order dated 29th January, 2024 at Annexure-14 was pleased to issue a direction for the EOW of Crime Branch to take up investigation with the registration of a case clubbing the F.I.R. lodged by the petitioner in Fategarh P.S. Case No. 128 of 2021 after being transferred. Referring to Annexure-14, it is contended that learned Lokayukta was of the view that there is misappropriation of fund revealed during a special audit held and the further investigation since cannot be properly done by the SDPO, Khandapada, it should be transferred to the EOW of Crime Branch with a fresh F.I.R. being registered and investigated upon. It is submitted that the special audit report for the period between 11th March, 2017 and 17th August, 2021 received by learned Lokayukta from the Deputy Secretary to Government, Panchayats Raj & Drinking Water Department, Orissa revealed suggestion for recovery of an amount of Rs. 2,25,13,685/- and it had also directed the Superintendent of Police, Nayagarh to examine and to carry out the investigation on the F.I.R. registered on 15th July, 2021 against the accused persons for the alleged offences. The contention is that the special audit report for the alleged period was produced before the learned Lokayukta and it was claimed that the investigation to be concluded shortly. According to Mr. Palit, learned Senior Advocate, since there has been a direction by learned Lokayukta upon considering the special audit report and transfer of the investigation to be conducted by EOW, Crime Page 2 of 5 Branch, it would best serve the purpose, if the same is implemented with necessary directions issued in that regard. 4. Mr. Ray learned AGA for the State, on the other hand, submits that offences under the SC & ST (PoA) Act are also involved and in view of the F.I.Rs lodged with investigation in progress pending before the court of learned District & Sessions Judge, Nayagarh, therefore, it would not be proper to handover the investigation to the EOW of Crime Branch at present. 5. The order of the learned Lokayukta as at Annexure-14 is sought to be implemented at the behest of the petitioner, who lodged the F.I.R. as per Annexure-1 corresponding to Special G.R. Case No. 93 of 2021. The claim of the petitioner is for an investigation by the EOW of Crime Branch in view of the decision of Annexure-14. Such a decision has been reached at considering the special audit report for the period from 11th March, 2017 and 17th August, 2021. It was of the opinion of learned Lokayukta that the investigation cannot be properly carried out by the SDPO, Khandapada in view of the alleged misappropriation of huge amount involved. It was after considering the special audit report produced by learned SDPO, Khandapada and though there was assurance to complete the investigation shortly but according to learned Lokayukta, no real progress was achieved. With such a conclusion, it was considered proper for learned Lokayukta to direct the investigation to be transferred to the EOW of Crime Branch. Page 3 of 5 6. Having regard to the above facts and since there is large scale misappropriation alleged by the petitioner as one of the complainants, who lodged the F.I.R. as per Annexure-1 and there has been a conclusion arrived at by learned Lokayukta that the investigation should instead be handed over to EOW of Crime Branch as it cannot be properly managed by the SDPO, Khandapada and as such no progress had been achieved in the investigation, in absence of any justifiable reason shown by the State, the Court is of the view that such a direction for transfer of the case to be investigated upon by the EOW, Crime Branch as has been concluded by learned Lokayukta should be given effect to and implemented. The Court is also of the view that such an exercise is necessary in view of the large scale misappropriation alleged even with an enquiry held and special audit report submitted with a suggestion towards recovery. Such is the view of the Court irrespective of any such cases to be pending in such Courts in connection with F.I.Rs lodged even involving offences under the SC & ST (PoA) Act. The conclusion of the Court is that the misappropriation of large amount of money being involved, it should be thoroughly enquired into and investigated upon by the EOW of Crime Branch as has been directed by learned Lokayukta vide Annexure-14 rightly on the premise that the investigation by the SDPO, Khandapada was not satisfactory even though it was impressed upon to be concluded soon. In other words, considering the response of Mr. Ray, learned AGA for the State and submission of Mr. Palit, learned Senior Advocate appearing for the petitioner and in view of the decision of Page 4 of 5 learned Lokayukta as per Annexure-14, it would be just and proper to direct the investigation to be transferred to the EOW of Crime Branch, Cuttack with a fresh F.I.R. being registered. 7. 8. Accordingly, it is ordered. In the result, the writ petition stands disposed of with the direction as aforesaid to be complied with upon receiving a certified copy of the order. It is further submitted that in view of the fresh case to be registered, the investigation shall be immediately taken up by the Economic Offences Wing of Crime Branch, Cuttack with all such relevant files being handed over and received on transfer to be accomplished within two weeks from the date of receipt of the above order. 9. A certified copy of this order be issued as per rules. (R.K. Pattanaik) Judge kabita Signature Not Verified Digitally Signed Signed by: KABITARANI MAJHI Designation: Secretary Reason: Authentication Location: OHC,Cuttack Date: 11-Jul-2025 13:36:56 Page 5 of 5