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of <h1>High Court intervenes in Vigilance Department inquiry, emphasizes completing investigations for justice.</h1> <h3>State Of Orissa & Ors. Versus Ujjal Kumar Burdhan</h3> The High Court quashed a preliminary inquiry by the Vigilance Department into alleged irregularities at a rice mill. The State Government appealed, ... - Issues involved:The judgment involves the quashing of a preliminary inquiry by the High Court u/s 482 of the Code of Criminal Procedure initiated by the Vigilance Department of the State Government into allegations of irregularities in the receipt of excess quota, recycling of rice, and distress sale of paddy by a rice mill.Details of the Judgment:Issue 1: Quashing of Preliminary InquiryThe High Court quashed the investigation initiated by the Vigilance Department on a petition u/s 482 of the Code. The State Government and its functionaries appealed against this decision, arguing that a preliminary inquiry should not be quashed at the threshold, especially when irregularities were reported. The Court emphasized that interference with an investigation should be sparing and only in cases where no offense is disclosed. Referring to legal precedents, the Court highlighted the necessity of completing an investigation to bring offenders to justice.Issue 2: Scope of High Court's PowersThe Court discussed the wide powers of the High Court u/s 482 of the Code, emphasizing that these powers should be exercised sparingly and not arbitrarily. It noted that the High Court should prevent abuse of authority and ensure justice. The judgment cited legal principles to underscore that the High Court should generally not interfere with investigations where an offense is disclosed, allowing the process to collect evidence and establish the offense.Issue 3: Errors in High Court's DecisionThe Court found that the High Court's decision to quash the preliminary inquiry was unjustified. It noted that the enforcement certificate issued to the respondent did not absolve them of alleged irregularities. The Court also highlighted errors in the High Court's observation that the respondent had been exonerated in previous inquiries, clarifying that the nature and consequences of departmental inquiries differ from police investigations. Additionally, the Court rejected the argument that an arbitration agreement could shield the respondent from criminal liability, citing legal precedent that criminal acts cannot be exempted from court jurisdiction due to arbitration agreements.Conclusion:The Court concluded that the High Court's interference with the investigation was unwarranted. It allowed the appeal, quashed the impugned judgment, and directed the Vigilance Cell to proceed with and complete the investigation expeditiously in accordance with the law.This summary provides a detailed overview of the judgment, highlighting the issues involved and the comprehensive details of the Court's decision for each issue.
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