VidhiSangh

Supreme Court of India · 11/12/2021

STATE OF ODISHA versus PRATIMA MOHANTY ETC.

[2021] 9 S.C.R. 335 · 2021 INSC 872

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Summary

The Court restored corruption and conspiracy proceedings against three development-authority employees accused of procuring plots for relatives at undervalued prices. The High Court had weighed disputed evidence and effectively conducted a trial while deciding quashing applications. Specific allegations and the investigation disclosed a prima facie case requiring trial, without establishing guilt. The Court also emphasised transparent, objective allocation of public property and urged doing away with discretionary quotas, generally favouring public auction while recognising properly administered class-based allotment policies.

Issues

  1. Whether disputed evidentiary assessments justified quashing the prosecution against three alleged participants in a plot-allotment conspiracy.
  2. What standards governed discretionary distribution of public property.

Provisions considered

Held

Result

State appeals allowed; quashing orders set aside insofar as they concerned original accused Nos. 4, 5 and 3, who were directed to face trial with the other accused.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 335.