UTTAM KUMAR PANIGRAHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioners are apprehending arrest in connection with Golanthara P.S. Case No. 359 of 2023 corresponding to G.R. Case No. 1210 of 2023 pending in the Court of learned J.M.F.C.(R) (Cog.), Berhampur for the alleged commission of offence under Ss. 379/406/420/465/506/34 of IPC.

(2.) Heard Mr. S.K. Mishra, learned Senior Counsel assisted by Mr. J. Pradhan, learned counsel appearing for the petitioners; Mr. Sitikanta, learned Addl. Standing Counsel for the State; and Mr. S.N. Mohapatra, learned counsel for the informant-opposite party No.2.

(3.) The prosecution case, briefly stated is, an FIR was lodged by one G. Deepak Rao, Secretary, Saankhya Educational Society on 24/7/2023 before Golanthara Police Station, Berhampur making several allegations of cheating, forgery, misappropriation and criminal breach of trust against the petitioners. It was specifically alleged that Saankhya Educational Society had a technical educational institution in the name and style of 'Rahul Institute of Engineering and Technology' (RIET) at Tatadapalli in the district of Ganjam being managed by it till 2014. Because of certain difficulties in the management and on approach by petitioner No.1, who is the Chairman of Gayatri Group of Institutions, the management of RIET was handed over to him by virtue of a Memorandum of Understanding-cum-Agreement (MOU) dtd. 21/5/2014. As per the terms and conditions of the MOU, the petitioners were liable to clear the loan liability of RIET from out of the income derived from the institution. However, the petitioners, though collected funds from the students and received sanctions/grants from the Government but instead of clearing the outstanding dues, they deliberately defaulted in repayment of loan and also diverted the amounts to other educational institutions run by them. They also changed the name of RIET to Gayatri Institute of Engineering and Technology (GIET) and also changed the bank accounts accordingly. Because of the default in repayment of loan, the properties offered as collateral security by the informant and others were auctioned by the bank. The bank has also taken steps to auction the properties of RIET by serving final notice. However, the petitioners have shifted all the laboratory and workshop equipments to their own institution to avoid the process of auction by the bank.