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2023 Supreme(Chh) 51

DEEPAK KUMAR TIWARI
Avkash Pathak S/o. Late Shri Kanti Kumar Pathak – Appellant
Versus
State of Chhattisgarh, Through District Magistrate, Raipur (C. G. ) – Respondent


Advocates Appeared:
For the Petitioner: Shri Akhand Pratap.
For the Respondent: Shri Chitendra Singh, Panel Lawyer.

ORDER :

1. This petition has been filed under Section 482 of the Code of Criminal Procedure (henceforth ‘the Code’) challenging the letter No.7108/Warrant/2022, dated 6.8.2022 issued by the Jail Superintendent, Central Jail, Raipur whereby benefit of Section 428 of the Code has been denied.

2. Facts of the case are that the present petitioner was accused in 3 cases. It is alleged that while he was working as Director of IWC Marketing Company Private Limited, he allured various persons to deposit their money with assurance to double the amount, and he is behind the bars since 27.6.2016. The first case was registered under Crime No.166/2016 in which the petitioner was arrested on 27.6.2016 for offence under Section 420 of the IPC, Section 3 & 4 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 and under Section 10 of the CG Protection of Depositors Interest Act, 2005 (for short ‘the Act, 2005’). A special criminal case No.6/2016 has been conducted before the Sessions Judge/Special Judge (CG Protection of Depositors Interest Act, 2005) wherein a judgment was passed on 27th March, 2018 holding the petitioner guilty under Section 420 of the IPC. However, the petitioner w

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