2016 (6) TMI 1508

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....1 (hereafter '2011 OPID Act') and sections 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (hereafter '1978' Act) which corresponds to C.T. Case No.39 of 2015 pending in the Court of learned Presiding Officer, Designated Court, OPID Act, Cuttack. The bail application of the petitioner was rejected by the learned Trial Court on 11.2.2016. 2. On 27.3.2015 on the First Information Report of Deepak Kumar Baral and others before Officer-in-charge, Olatpur Police Station, Olatpur P.S. Case No.26 of 2015 was registered under sections 420/406/120-B of the Indian Penal Code and section 18 of the OPID Act, 2011. As per the First Information Report, it is the prosecution case that one Chit Fund Company namely A....

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....ant and other witnesses were examined and incriminating documents from different offices were seized, pass books and money receipt slips were also seized from the investors. Registers of the Directors were also seized. On verification of different documents and records, the Investigating Officer found that the petitioner was acting as Chief Executive of M/s. Ashirbaad Multipurpose Cooperative Ltd. The petitioner along with other Directors collected cash from the investors and issued bonds and certificates to the investors under the signatures as Chief Executive in favour of Ashirbaad Multipurpose Cooperative Ltd., Ashirbaad Goat Rearing India Ltd. and Ashirbaad Multitech and Infracon Ltd. The Investigating Officer verified documents from RO....

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....mitted charge sheet against the petitioner and others keeping the investigation open under section 173(8) Cr.P.C. for the arrest of other directors, examination of number of duped investors, seizure of documents as well as movable and immovable property of the company. 3. The learned counsel for the petitioner contended that the petitioner is in jail custody since 03.01.2016 and there is no prima facie case so as to attract the ingredients of the offences under which charge sheet has been submitted. It is further contended that the FIR was registered as Olatpur P.S. Case No. 26 of 2015 and subsequently the very FIR was reregistered as EOW, Bhubaneswar P.S. Case No. 23 of 2015 which is not permissible in the eye of law. It is further cont....

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....ingly EOW, Bhubaneswar P.S. Case No. 23 of 2015 was registered on 23.11.2015. The learned counsel for the petitioner placed reliance in case of T.T. Antony -Vrs.- State of Kerala reported in (2001) 21 Orissa Criminal Reports (SC) 235 wherein it was held that under the scheme of the provisions of sections 154, 155, 156, 157, 162, 169, 170 and 173 of Cr.P.C., only the earliest of the first information in regard to the commission of a cognizable offence satisfies the requirements of section 154 Cr.P.C. and there can be no second FIR and consequently there can be no fresh investigation on receipt of every subsequent information in respect of the same cognizable offence or the same occurrence or incident giving rise to one or more cognizable ....