IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.307 of 2026 Duryodhan Bishi …. Petitioner(s) Mr. Anirudha Das, Adv. -versus- State of Odisha …. Opposite Party(s) Mr. U.R. Jena, AGA CORAM: DR. JUSTICE SANJEEB K PANIGRAHI Order No. 01. ORDER 29.01.2026 1. This matter is taken up through hybrid arrangement. 2. In filing the present CRLMC, the Petitioner has prayed for quashing the order dated 10.02.2021 passed by the learned Gram Nyayadhikari-cum-JMFC, Komna in C.T. Case No.25 of 2016, whereby cognizance was taken, process was issued and continuance of the criminal proceeding against the Petitioner was allowed. 3. Heard. 4. Learned counsel for the Petitioner submits that on the basis of allegations made by the villagers of Agren G.P., an inquiry was conducted by DRDA by constituting three Special Teams. The teams visited the house sites of the beneficiaries, verified existing houses, interacted with due beneficiaries and villagers and thereafter submitted their enquiry report to DRDA, Nuapada. The said report was placed before the Collector, Nuapada. From the said inquiry report, it was revealed that funds under the Indira Awas Yojana had Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 30-Jan-2026 18:06:41 Signature Not Verified been misappropriated in respect of certain persons, pursuant to which an order was passed to initiate departmental as well as criminal action against the delinquents, including the present Petitioner. 5. Learned counsel for the Petitioner further submits that after initiation of the proceeding, investigation was set into motion and the investigating agency submitted charge sheet on 27.12.2020 against the Petitioner along with others. Thereafter, the learned Court below took cognizance on 10.02.2021 and issued process against the Petitioner. 6. Learned counsel for the Petitioner further submits that since no sanction from the competent authority was obtained prior to taking cognizance, the impugned order is illegal and liable to be set aside. 7. Challenging the said cognizance order, the Petitioner has filed this CRLMC. 8. Learned counsel for the State, on the other hand, opposes the prayer and submits that alleged misappropriation of Government funds does not fall within the purview of official duty. He further submits that the present Petitioner, who was performing as the Nodal Officer, was suspected for dereliction of duty and, accordingly, a criminal case was initiated for criminal breach of trust. 9. A profitable reference can be made to the judgment of the Supreme Court in the case of CBI v. Aryan Singh1, wherein it has been held as follows: 1 (2023 SCC Online SC 379) “…..As per the cardinal principle of law, at the stage of discharge and/or quashing of the criminal proceedings, while exercising the powers under Section 482 Cr. P.C., the Court is not required to conduct the mini trial. At the stage of discharge and/or while exercising the powers under Section 482 Cr. P.C., the Court has a very limited jurisdiction and is required to consider “whether any sufficient material is available to proceed further against the accused for which the accused is required to be tried or not”. 10. Considering the submissions made by the learned counsel for the respective parties and taking into account the ratio laid down in Aryan Singh (supra) and since the alleged scam involves siphoning off Central Government funds by recommending ineligible persons as beneficiaries, this Court is of the view that it cannot conduct a mini trial at this stage and discharge the Petitioner. The matter requires a thorough trial to arrive at the truth. 11. Accordingly, the application filed by the Petitioner cannot be entertained at this stage. 12. It is, however, open to the Petitioner to take advantage of any lacuna in the investigation at the stage of framing of charge, in accordance with law. 13. Accordingly, the CRLMC stands dismissed. 14. Pending application (s), if any, shall also stand disposed of. Page 4 of 4 15. Issue urgent certified copy as per Rules. ( Dr. Sanjeeb K Panigrahi) Judge Sipun