NABAKISHORE DAS Vs. REPUBLIC OF INDIA
HIGH COURT OF ORISSA
REPUBLIC OF INDIA
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B.P. Routray, J. -
(1.) The present revision has been filed by the petitioner challenging the order of the learned Special C.J.M. (C.B.I.), Odisha, Bhubaneswar dated 20.03.2019 in Crl. Misc. Case No.52 of 2019 (arising out of SPE No.06 of2014) with further prayer to direct the C.B.I. to lift the ban on the property in question of the petitioner under Annexure-1.
(2.) The property in question is measuring an area Ac.12.06 dec. spreading in 37 plots, 10 khatas and two mouzas, namely, Atharnala and Gopinathpur @ Rautrapur in the district of Puri as mentioned in detail under Annexure-1.
(3.) The land in question was recorded in the name of the petitioner and his family members and in order to develop their land for an apartment complex, they formed a company in the name and style of M/s S. Chanchala Pvt. Ltd. Combines. The said land in question was offered to M/s. Green India Infra Projects Ltd. for the purpose on agreement on share basis to the extent of 37% of the project in favour of the petitioner-Company and the petitioner accepted payment of Rs.3,00,00,500/- on 21.03.2012 and 16.04.2012 through cheques transferred to the account of the petitioner. For transaction of the business, the memorandum of agreement was signed and two general powers of attorney were executed in favour of M/s. Green India Infra Projects Ltd. It is mentioned in the revision petition that subsequently memorandum of agreement as well as general powers of attorney were revoked on 03.03.2014 as M/s. Green India Infra Projects Ltd. showed its inability for the purpose.
But as reveals, a criminal misc. case was instituted against M/s. Green India Infra Projects Ltd. and others by the C.B.I. in RC.11/S/2014 for commission of offences under Secs.120- B/420/409/506, I.P.C. and Secs.4/5/6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 in which charge-sheet was filed on 02.12.2014 against the accused persons, namely, Shri Pradeep Kumar Singh, Shri Sunil Kumar Panda and Shri Jitendra Kumar Mishra @ Jitu Mishra along with M/s. Green India Properties Pvt. Ltd., M/s. Green India Infra Projects Ltd., M/s. Green India Retailing Private Limited and M/s. Green India Multi State Member's Credit Co-operative Society Limited.;
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