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Supreme Court of India 2021-12-11 allowed

State of Odisha vs Pratima Mohanty etc

Bench: 2 — M.R. Shah

In Brief

The State of Odisha challenged a High Court order quashing criminal proceedings against three government officials (Pratima Mohanty, Prakash Chandra Patra, and Rajendra Kumar Samal) accused of conspiring to illegally allot prime commercial plots in Bhubaneswar to their relatives at throw-away prices, causing loss to the Development Authority. The Supreme Court held that the High Court erred by conducting a mini-trial and examining evidence in detail when exercising quashing powers. Since a charge-sheet was filed after proper investigation alleging serious criminal conspiracy and abuse of official position, the case did not fall within exceptions permitting quashing. The Court emphasised that public property allotment must be transparent, objective and fair, not subject to whims of officials. Appeal allowed; proceedings restored against the accused.

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Criminal Procedure Corruption Administrative Law Criminal Conspiracy Public Interest Litigation Abuse of Authority Government Accountability Prevention of Corruption Act

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