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Supreme Court of India 2021-12-11 allowed

STATE OF ODISHA vs PRATIMA MOHANTY ETC

Bench: 2 — M.R. Shah, B.V. Nagarathna

In Brief

The Supreme Court allowed the State's appeal against the High Court's order quashing criminal proceedings against three public servants accused of criminal conspiracy and corruption in illegally allotting 10 plots in a discretionary quota to their family members at reduced rates. The Court held that the High Court erred by conducting a mini-trial and weighing evidence when exercising its extraordinary powers under Section 482 Cr.P.C., which should be done sparingly. The case did not fall within recognized exceptions for quashing. The Court reaffirmed that public authorities must allot government properties transparently and fairly, not arbitrarily, and emphasized that government discretionary quotas often lead to corruption and nepotism.

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Criminal Procedure Public Servants Corruption Criminal Conspiracy Administrative Law Prevention of Corruption Act Quashing of Criminal Proceedings

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