Orissa High Court Dismisses 15-Year-Old Vigilance Case Citing Excessive Delays
The Orissa High Court has quashed a 15-year-old vigilance case against Golak Prasad Mohapatra, the president of the Orissa Consumers’ Cooperative Federation Ltd (OCCF). The court ruled that the prolonged delay in investigation and trial justified using its inherent powers to prevent abuse of the legal process and ensure justice.
Case Details and Court Ruling
A single-judge bench of Justice Aditya Kumar Mohapatra, on February 25, set aside the FIR registered on June 2, 2010, and all related criminal proceedings pending before the 3rd Additional Sessions Judge in Bhubaneswar, specifically concerning the petitioner, Mohapatra. Senior Advocate Subir Palit represented Mohapatra in the case.
The case originated from allegations of irregularities in the distribution of subsidised linkage coal to Micro, Small and Medium Enterprises (MSMEs) between 2008 and 2010. Vigilance officials accused the diversion of coal to the open market, appointment of a marketing agent through fake quotations, and supply to non-existent units, allegedly causing a loss of around Rs 25 lakh to the state exchequer. Charges were filed under the Prevention of Corruption Act and the Indian Penal Code.
Timeline and Reasons for Quashing
While reviewing the plea for quashing, the high court examined the case timeline and noted the slow pace of proceedings. The order highlighted:
- The alleged incidents occurred between 2008 and 2010.
- The FIR was lodged in 2010.
- Prosecution sanction was obtained in 2011.
- The charge sheet was submitted in 2013, three years after the FIR.
- Charges were framed nine years later in 2022, when the first prosecution witness was examined.
- As of August 2025, only 13 out of 38 charge-sheeted witnesses had been examined.
The court concluded that the case had been lingering for over a decade and a half with no end in sight. Justice Mohapatra observed, "This Court is constrained to hold that the delay in the trial cannot be attributed to the Petitioner and that the same is, in fact, largely attributable to the prosecution."
Finding the matter suitable for invoking its inherent jurisdiction under Section 528 of the BNSS, the court quashed all proceedings against Mohapatra, emphasizing the need to secure justice and prevent legal abuse.
