RASHMITA PATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) In the present application, the petitioner seeks to challenge the criminal proceeding vide CT Case No.14/2018 and I.A. No.3/2019 in relation to EOW Bhubaneswar P.S. Case No.17/2018, pending before the court of the learned Presiding Officer, Designated Court, under the O.P.I.D. Act, Cuttack for the offences punishable under Ss. 420/406/467/ 468/471/120-B of the I.P.C. read with Sec. 6 of the Odisha Protection of Interests of Depositors (in Financial Establishments) Act, 2011.

(2.) The succinct facts of the case as narrated by the informant is that in November 2012, he was apprised about the availability of a 2400 sq.ft. plot in Jatani Tehsil near IIT through an advertisement issued by M/s. Z-Infra Construction Pvt. Ltd. (hereinafter 'Company'). He then contacted Prasan Kumar Patra (hereinafter 'co-accused'), MD of the Company to purchase the aforementioned plot. The co-accused assured the informant of absolute right and title of the land after conversion of the plot in question, and construction of a peripheral wall with an accessible road attached to the said plot. The co-accused also allegedly represented that the land belonged to the Company; the cost of the plot is Rs.3,60,000.00 and its conversion and the boundary wall would cost Rs.35,000.00 and Rs.60,000.00 respectively. Thereafter, the informant booked the plot and paid the amount against the plot, and its conversion and the boundary wall. Although, the plot was registered in his name, the road was not constructed as promised. He then allegedly came to know that the Company doesn't have the right and title over the plots over which the connecting road was supposed to be constructed. He alleges that the Company has intentionally defrauded him and 600 other persons by selling them such disconnected plots over many false promises and fabricated documents to dupe around Rs.12.00 Crores.

(3.) On receipt of such information from the informant, the petitioner and the other accused were arrested and on recommendation of the EOW Bhubaneswar, their properties were attached to protect the interest of the investors.