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2021 Supreme(Ori) 346

S.K.PANIGRAHI
Gatikrushna Dash – Appellant
Versus
State Of Odisha-Opid – Respondent


Advocates Appeared:
M/S Ashwini Kumar Das, Advocate, Sonali Das, Advocate, Anil Kumar Nayak, Advocate

JUDGMENT

S K Panigrahi, J. - The present application is preferred under Section 439 of the Criminal Procedure Code, 1973 in connection with EOW Bhubaneswar P.S. Case No.28 of 2018 corresponding to C.T. Case No.20 of 2018, pending before the court of the learned Presiding Officer, Designated Court under the O.P.I.D. Act, Cuttack, Odisha.

2. The succinct facts of the case are that one Debadatta Routray lodged an FIR before the EOW Police Station, Bhubaneswar vide P.S. Case No.28/18 alleging that he had booked a studio apartment at Shreekhetra Kalinga Kutira, Puri Project floated by M/s. Shreya Infrastructure Services Ltd. by paying 5,71,000/- out of total consideration amount of 9,50,000/- to its M.D., namely, Mr. Himanshu Shekhar Nayak. An agreement to that effect had been executed between the parties. As per the terms and conditions of the agreement, M/s. Shreya Infrastructure Services Ltd. was liable to handover possession of flat by the end of March, 2017, but much to the chagrin of the complainant neither the flat was provided nor was the money refunded to the informant. It has also been alleged by the informant that a large number of other depositors had also been duped by the sa

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