PRADEEP @ PRADIPT KUMAR BARIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Section 439 of Cr.P.C. moved by the petitioner for allegedly implicated in the offence punishable under sections 420, 467, 406, 468, 471, 120B of I.P.C. and Section 6 of the Odisha Protection of Interests of Depositors (in Financial Establishments) Act, 2011. FACTS :

(2.) The factual matrix leading to the case of the prosecution is that the principal accused Rakesh Rana is a retired Lt. Colonel. He formed one Non-Government Organisation (NGO) namely, Sainik Welfare Organisation-India (for short 'SWO India') with the purpose to look after the welfare of the sitting and retired servicemen. The principal accused Rakesh Rana is the Chairman of said SWO and the main object of this SWO is to allot plots for the members of the ex-serviceman and serviceman at the cost to be paid by the members. It is further case of the prosecution that SWO prepared a scheme for allotment of plots in the name and style of "Defence Intercity Vatika, Bhubaneswar" for Rs.35 crores in to approximately. The principal accused Rakesh Rana, who is the Chairman of SWO India made agreement with M/s. Brookson Infrastructure Pvt. Ltd., Bhubaneswar of which co-accused Purna Chandra Panda is the Managing Director to arrange plots at mouza Giringaput, P.S. Chandaka, Bhubaneswar, District-Khurda and develop same for their allotment to the ex-serviceman and serviceman. The principal accused Rakesh Rana through website made advertisement about details of the application for plots and allotment procedure including necessary money to be deposited for allotment of such plots for residential purpose. The informant along with 541 ex-servicemen and servicemen being lured by the advertisement applied for plots and accordingly SWO collected Rs.29 crores from the applicants.

(3.) It is the further case of the prosecution that the principal accused Rakesh Rana being the Chairman of the SWO paid Rs.19 crores to the co-accused Purna Chandra Panda. Then accordingly the applicants were asked to keep in contact with co-accused Purna Chandra Panda and the petitioner, who is said to be an employee of SWO-India for execution of sale deeds of allotted lands and their development including preparation of Records-of-Right etc. It is alleged, inter alia, that the informant and many other applicants in spite of repeated approach could get sale deed executed of allotted land and also delivery of possession of same was made. So, the informant and some investors informed the Economic Offence Wing of Crime Branch to take cognizance of the matter. Although it is stated that 490 investors out of 542 have been supplied with registered sale deeds but on field no such plots exist, the barren land is available without having any boundary and no delivery of possession has also been made following such sale. So, after investigation charge-sheet was submitted against the present petitioner along with other co-accused persons for the offence committed under sections 406, 420, 467, 468, 471, 120B of I.P.C. and Section 6 of the Odisha Protection of Interests of Depositors (in Financial Establishments) Act, 2011. SUBMISSIONS :