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2016 Supreme(Ori) 1025

PRADIP MOHANTY, BISWAJIT MOHANTY
Manoj Kumar Dash – Appellant
Versus
Republic of India – Respondent


For Petitioner:M/s Umesh Chandra Patnaik, G.M. Rath, S.Patnaik and S.S. Padhy, Advocates.
For Opp.Parties : Mr. Raghavacharyulu. Special Public Prosecutor, CBI And
Mr. V. Narasingh, Standing Counsel for the CBI

JUDGMENT

PRADIP MOHANTY, J. - By means of this writ petition filed in the nature of habeas corpus, jurisdiction of this Court has been invoked to declare the detention of the petitioner pursuant to the order of remand dated 15.09.2014 passed in S.P.E. Case No. 42 of 2014 pending on the file of learned Special Chief Judicial Magistrate, C.B.I., Bhubaneswar as illegal and further to issue a writ of habeas corpus directing release of the petitioner forthwith from such illegal detention.

2.The facts giving rise to filing of the writ petition, succinctly put, are as follows:

On 07.02.2013, an FIR was lodged by one Sukumar Panigrahi at Kharvela Nagar Police Station, Bhubaneswar alleging therein that Pradip Sethy and others of Arthatatwa Multipurpose Co-operative Society Ltd. (for short “ATMPCS”) cheated him in a deceitful manner and misappropriated Rs. 17.00 lakhs from him by fraudulent means. The said FIR was registered as Kharvela Nagar P.S. Case NO. 44 of 2013 corresponding to C.T. Case No. 560 of 2013 on the file of S.D.J.M., Bhubaneswar. During investigation, it revealed that certain financial transactions took place between Arthatatwa Infra India Ltd. and Kamyab Television Pvt. Ltd.,





















































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