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2017 Supreme(Ori) 676

D.P.CHOUDHURY
Sabyasachi Pani – Appellant
Versus
Republic of India (CBI) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M/s. Asim Amitabh Dash, B.K. Parida, A.N. Pattnayak & M. Panda
For the Opposite Party : Mr. A.K. Bose Assistant Solicitor General of India

JUDGMENT :

Dr. D.P. Choudhury, J.

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 120(B)/420/409 of I.P.C. read with Sections 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978.

FACTS

2. The factual matrix leading to the case of the prosecution is that the petitioner is one of the promoter and Director of M/s. Swastik India Multi State Credit Co-operative Society Ltd. Office at Sundargarh. It is alleged inter alia that the Company was collecting public deposits by promising high interest rates and is indulged in money circulation. It has office at different places of the State including at Balasore while the Hon’ble Apex Court directed in W.P.(C) No.401 of 2013 to handover all cases of 44 Companies including this Company to investigate cases where innocent depositors have been cheated and money collected from them trailed by such Companies and their so called Directors and other employees being involved with such commission of offences.

3. It is alleged that C.B.I. after registering a case against the present Company investigated the matter. During investigation

























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