ASOK Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) The petitioner Asok @ Ashok Mohanty who is the former Advocate General of Odisha has filed this criminal revision petition under sec. 401 of the Code of Criminal Procedure, 1973 (hereafter 'Cr.P.C.') to set aside the impugned order dtd. 27/6/2018 passed by the learned Special C.J.M. (C.B.I), Bhubaneswar in S.P.E. No.42 of 2014 in rejecting the petition filed by him under sec. 239 of Cr.P.C. for discharge and posting the case for consideration of charge. The petitioner has been charge sheeted under Sec. 120-B, 406, 409, 411, 420, 468, 471 of Indian Penal Code (hereafter 'I.P.C.') read with Sec. 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (hereafter '1978 Act'). The said case arises out of CBI, SPE, SCB, Kolkata F.I.R. No.RC.47/S/2014-SCB/KOL dtd. 5/6/2014.

(2.) The aforesaid F.I.R. dtd. 5/6/2014 of the case was registered by treating first information reports of eight cases as original F.I.R. instituted in different police stations of the State of Odisha against the Artha Tatwa (AT) Group of Companies (hereafter 'Company') pursuant to the directions of the Hon'ble Supreme Court dtd. 9/5/2014 passed in Writ Petition (Civil) No.401 of 2013 filed by Shri Subrata Chattoraj and Writ Petition (Civil) No.413 of 2013 filed by Shri Alok Jena.

(3.) In the discharge petition and written notes of submission filed before the learned trial Court, it was urged on behalf of the petitioner that on a bare perusal of the police papers supplied to the petitioner by the prosecution, it appeared that the prosecution has relied upon the following materials: