JUDGMENT :

D.P. Choudhury, J.

This is an application under Section 439 of Cr.P.C. moved by the petitioner for allegedly implicated in the offence punishable under Sections 406, 420, 467, 468, 471, 120-B 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 petitioner 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 petitioner 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 toto approximately. The petitioner’s 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 Girin