PRASHANTA KUMAR DASH Vs. STATE OF ODISHA

JUDGEMENT

(1.) In this writ petition the petitioners pray that the FIR bearing Semiliguda P.S. Case No. 32/2013 on the basis of the allegedly self-same transaction of FIR vide CID, CB (EOW), P.S. Case No. 39/2012 has been registered and, therefore, the second FIR is liable to be quashed.

(2.) Petitioner No. 1 is the Chairman-cum-Managing Director, Seashore Group of Companies registered under the Indian Companies Act, 1956. An FIR was lodged on 18.7.2012 by the Deputy Superintendent E.O.W., C.I.D., CB, Bhubaneswar with the allegation that on the basis of various petitions and information received, an enquiry was entrusted to the informant to verify the allegations that Seashore Group of Companies are collecting/depositing about crores of rupees from members of general public by alluring them with a high interest. It is further alleged that the company had no commensurate business to make huge interest payment as claimed by it, accordingly the company was running a money circulation scheme, which is an illegal activity. It is further alleged that the enquiry also revealed that the company after collecting huge amount of deposits from the members of general public, suddenly closed down their branches and disappeared. After hue and cry and protest from the public, the company settled some of the amount due to the depositors, but stilt large number of deposits were not returned to the depositors and misappropriated by the company. On the basis of the aforesaid allegation, CID, CB (EOW) P.S. Case No. 39/2012 was registered against the petitioners and other Directors for the offence punishable under Section 420/120-B of the IPC read with Sections 4, 5 and 6 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 (hereinafter referred to as the "Act") for brevity).

(3.) Petitioner No. 1 apprehending arrest filed an application for anticipatory bail before this Court and this Court as per order dated 17.10.2012 in BLAPL No. 18619/2012 allowed his application for anticipatory bail.