CHITRA ATHWANI Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is an application under Sec. 438 Cr.P.C, filed by the petitioner apprehending arrest for the alleged commission of offence under Sections 412, 419, 188, 120-B of the Indian Penal Code (for short 'the IPC') in C.T. Case No.2508 of 2015 of the court of learned SDJM, Bhubaneswar, arising out of Nayapalli P.S. Case No.196 of 2015.

(2.) The FIR has been lodged initially against the Management of Hotel Trident and one P.K. Iyer. It is alleged that the said P.K. Iyer is involved in a criminal case for commission of offence under Sections 120-B, 420, 468 and 471 of the Penal Code in Bangalore CBI Case Nos.RC03/13, RC02/14 and RC03/14. It is alleged in the FIR, which has been drawn up on his own information of the IIC, Nayapalli Police Station, that a suspected person involved in heinous crime is staying at Hotel Trident in another's name in order to evade police arrest. He entered this fact in the station diary and proceeded to said Hotel for verification of the information and necessary action along with other police personnel. During verification of Hotel Register in presence of staff, witnesses and Hotel employees, he found that Room No.220 is booked in the name of the present petitioner but one P.K. Iyer, who is the accused in the aforementioned CBI case was residing alone since 17.03.2015. Being asked he confessed in the presence of the witnesses that he is wanted in a Bank fraud case of the CBI, Bangalore and the officers of the CBI were chasing him. In order to evade police arrest, he is waiting for anticipatory bail.

(3.) The CBI officers of Bhubaneswar Police were also intimated, who confirmed the identity of said P.K. Iyer, son of late T.V. Parsuram, Vice-Chairman of M/s Deccan Chronicle Holding Ltd., The CBI officers arrested the said P.K. Iyer. It is further revealed from the FIR that though several times executive order has been circulated through notice board to intimate the occupancy statement of the occupant to the local police, the Trident Hotel authority defied the order and assisted the said accused and allowed to stay months together in the Hotel Room No.220, which was booked in the name of a lady violating the sections of law. As a result of which, the Trident Hotel authority not only harboured a criminal but also disobeyed the police order by assisting him in impersonation and conspired with him in order to carry out his ulterior motive or to evade police arrest. The IIC, Nayapalli Police Station came to the conclusion on verification that P.K. Iyer was concealing his presence in the name of a lady in order to evade police arrest with the assistance of Hotel Management, who have given shelter and abetting for commission of his mission. Hence, FIR has been registered as noted above.