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Case Title: THE STATE OF ODISHA VERSUS NIRJHARINI PATNAIK @ MOHANTY & ANR.

Case No:  Special Leave to Petition (Crl.) No.5758 OF 2018

Decided on: 26th April, 2024

Quorum: THE HON’BLE MR JUSTICE VIKRAM NATH

Facts of the case

Charges under certain sections of the Indian Penal Code are the result of a conspiracy involving the misappropriation of a general power of attorney (GPA) and property transactions . In order to fully ascertain the facts and evaluate the nature and scope of the alleged conspiracy, a comprehensive trial procedure is necessary, and the Court’s decision to quash the proceedings was ruled inadequate . It was brought to light that the respondents had manipulated papers such as Hata Patas and rent receipts in order to illegally transfer government land, which made a thorough investigation in a trial setting necessary . In order to learn the truth about the fraudulent schemes, the Court underlined how crucial it is to let the trial against the respondents continue .

Appellant Contentions

The State argues, citing the respondents’ professional real estate knowledge and the questionable character of the transactions, that the Court disregarded circumstantial evidence suggesting a larger conspiracy including the respondents . Furthermore, the State contended that the High Court had not sufficiently recognized the gravity of the violations and their consequences for public faith in land record administration and governance . The Court determined that the Court’s decision to halt the proceedings was founded on an insufficient analysis of the evidence, requiring a thorough trial procedure to fully expose the purported conspiracy.

Respondent Contentions

A strong prima facie case for additional investigation has been formed by the respondents, especially Respondent Nos. 1 and 2. It was discovered that they were crucial to the abuse of the General Power of Attorney (GPA) and the ensuing property transactions . In order to enable and hide the fraudulent schemes involving government property, Respondent No. 1, the wife of Respondent No. 2, played a key role in the planning and execution of these transactions . They did this by taking use of their professional positions and industry influence. A thorough trial procedure is necessary to determine the truth about the purported conspiracy, as the Court’s decision to quash the proceedings was criticized for being founded on an inadequate analysis of the facts .

Court Analysis and Judgement

The Court’s decision to halt the proceedings was overturned by the Supreme Court, which also ordered that the trial against the respondents proceed in compliance with the law .The alleged conspiracy, the respondents’ involvement, and the harm to the public coffers all of which can only be ascertained by the Trial Court through a comprehensive review of the evidence and witnesses must be carefully examined during the trial process, the Court stressed .

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Judgement Analysis Written by – K.Immey Grace

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