GATIKRUSHNA DASH Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present application is preferred under Section 439 of the Criminal Procedure Code, 1973 in connection with EOW Bhubaneswar P.S. Case No.28 of 2018 corresponding to C.T. Case No.20 of 2018, pending before the court of the learned Presiding Officer, Designated Court under the O.P.I.D. Act, Cuttack, Odisha.

(2.) The succinct facts of the case are that one Debadatta Routray lodged an FIR before the EOW Police Station, Bhubaneswar vide P.S. Case No.28/18 alleging that he had booked a studio apartment at Shreekhetra Kalinga Kutira, Puri Project floated by M/s. Shreya Infrastructure Services Ltd. by paying 5,71,000/- out of total consideration amount of 9,50,000/- to its M.D., namely, Mr. Himanshu Shekhar Nayak. An agreement to that effect had been executed between the parties. As per the terms and conditions of the agreement, M/s. Shreya Infrastructure Services Ltd. was liable to handover possession of flat by the end of March, 2017, but much to the chagrin of the complainant neither the flat was provided nor was the money refunded to the informant. It has also been alleged by the informant that a large number of other depositors had also been duped by the said Himanshu Shekar Nayak and his Company. The accused Himanshu Sekhar Nayak and his Company have also been alleged to have allotted the same flats to multiple customers with an ulterior motive to cheat and have thereafter absconded from their Saheed Nagar Office. In the said FIR, it has been alleged that other accused Rama Chandra Patra was the land owner who had given his land on sharing basis to M/s. Shreya Infrastructure Services Ltd. and both the accused persons have connived with each other and duped the informant.

(3.) On the basis of the aforesaid information, a case was registered under Sections 420(A), 406, 467, 468, 471, 120-B of IPC read with Section 6 of the Odisha Protection of Interests of Depositors (in Financial Establishments) Act, 2011 and the I.O. commenced his investigation.