PRAMOD KUMAR PANDA Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) The petitioner who is posted as Deputy Superintendent of Police, District Intelligence Bureau (DIB), Nayagarh under the State Government has approached this Court in an application under S. 438, Cr. P.C. apprehending arrest in connection with CBI/SCB/KOL Case No. RC.47/S2014-KOL. dated 5-6-2014 registered under Ss. 120-B, 294, 341, 406, 420, 467, 468, 471, 506 read with S. 34, Indian Penal Code and Ss. 3, 4 and 5 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 which arises out of Kharavelnagar P.S. Case No. 44 dated 7-2-2013 and other cases registered against the officials of Artha Tatwa Group of Companies at different police stations in the State of Odisha.

(2.) As per the direction of the Hon'ble Supreme Court in Writ Petition (Civil) No. 401 of 2013 and Writ Petition (Civil) No. 413 of 2013 dated 9-5-2014, Superintendent of Police, CBI, SPE, SCB, Kolkata registered one F.I.R. vide CBI/SCB/KOL Case No. RC. 47/S/2014-KOL dated 5-6-2014 by treating eight original F.I.Rs. (which were registered against the officials of Artha Tatwa Group of Companies at different Police Stations in Odisha State) as F.I.R. in the said case. The F.I.R. was registered under Ss. 120-B/294/341/406/409/420/467/468/471/506/34, I.P.C. and Ss. 3, 4 and 5 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 against 48 named persons who were in the management/staff/agent of AT Group of Companies and against other staffs of AT Group and unknown others. The investigation was entrusted to Sri N. C. Sahoo, Inspector, CBI, SPE, SCB/SIT, Kolkata.

(3.) In spite of the order dated 9-5-2014 of the Hon'ble Supreme Court in Writ Petition (Civil) No. 401 of 2013 and Writ Petition (Civil) No. 413 of 2013 so also registration of F.I.R. in CBI/SCB/KOL Case No. R.C. 47/S/2014-KOL dated 5-6-2014, the Investigating Officer in Kharvelnagar P.S. Case No. 44 of 2013 submitted second charge-sheet on 21-6-2014 in continuation of the charge-sheet submitted on 10-7-2013 for the offence under Ss. 420, 406, 120-B, I.P.C. read with Ss. 4, 5 and 6 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 read with S. 6 of Odisha Protection of Interests of Depositors (In Financial Establishments) Act, 2011 against Pradeep Kumar Sethy, Jagabandhu Panda, Srikrushna Padhi, Md. Hanif, Jhuma Chakrabarti, Munmaya Sial, Manoj Kumar Patnaik and Artha Tatwa Infra India Ltd. (ATIIL), Artha Tatwa Enterprises Pvt. Ltd. (ATEPL), Artha Tatwa Multi Purpose Co-operative Society Ltd. (ATMPCSL) and Artha Tatwa Multi State Credit Co-operative Society Ltd. (ATMSCCS) represented by MD/President Promod Kumar Sethy keeping the investigation open under S. 173(8), Cr. P.C.