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2024 DAILYLAW 868 (ORI)

MANORANJAN BISWAL v. STATE OF ODISHA

CRLMC/4900/2024 · 2026-01-28

S K Panigrahi

body2024

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 4900 of 2024 Manoranjan Biswal ..…... Petitioner(s) Mr. Uma Charan Mishra, Adv. -Versus- State of Odisha ……. Opposite Party(s) Mr. Tej Kumar, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 28.01.2026 Order No. 11. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the parties. 3. The Petitioner has filed this CRLMC challenging the order dated 29.08.2022 passed by the learned 2nd Addl. Sessions Judge, Khurda in Criminal Revision No.2 of 2022 wherein the order dated 21.12.2021 passed by the learned S.D.J.M., Khurda in Crl. Misc. Case No.206 of 2021 was confirmed. 4. The brief fact of the case is that the present petitioner along with another, named, Shasi Bhusan Mishra had organized meetings at different places and dishonestly induced people to invest money in the website in order to get 1% interest per day for a period of 200 days. In this way, Shasi Bhusan Mishra collected a huge amount of money from the complainant of this case and others Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 29-Jan-2026 17:47:26 Signature Not Verified 2 with false promises to hike their money in a short period and attractive rewards. Further, the said Shasi Bhusan Mishra forged electronic documents through the website and sent the same to the mobile of the victimized depositors. As per the promise, the said Shasi Bhusan Mishra did not return the money of the investors, rather told them that he had given the collected money to the present petitioner. It is forthcoming from the charge sheet that both Shasi Bhusan Mishra and the present petitioner utilized the money of the investors by purchasing land, constructing buildings and taking foreign tours. So, on the complaint of the investors, a criminal case has been instituted against the present petitioner and others. During the course of investigation, the Investigating Officer seized various electronic evidence containing the creation of the user I.D. and password of the complainant Ranjit Kumar Mandal in the I.D. of the present petitioner. The police also seized the internet banking payment details, transaction I.Ds., money transfer receipts, etc. and also seized different bank accounts of the petitioner and others for comparison. In this process, the bank accounts of the present petitioner, in total 75 items, were seized by the I.O. to prove the complicity of the petitioner in the alleged fraud. It is also seen from the bank deposits of the petitioner that a balance total amount of Rs.4,45,731/- was frozen at the instance of the I.O. Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 29-Jan-2026 17:47:26 Signature Not Verified 3 Other amount was invested by the petitioner in various LIC policies and insurance. But, the investigation reveals that crore of amount was collected by the petitioner along with another co- accused directly from the investors. It appears that the balance amount freezed in the bank account and LIC policies are less than the fraud amount. The question of investing the money of the complainant and others in his own bank account and policies will be well proved during trial of the case and these documents have direct nexus to prove the guilt of the petitioner. 5. Learned counsel for the Petitioner submits that the Petitioner has filed a petition under Section 457 of the Cr.P.C. for interim release of the seized articles before the learned S.D.J.M., Khordha which was rejected vide order dated 21.12.2021. He further submits that challenging the said order, the Petitioner had preferred a Criminal Revision vide Criminal Revision No.2 of 2022 before the learned 2nd Addl. Sessions Judge, Khurda which has also been dismissed confirming the order dated 21.12.2021 passed by the learned S.D.J.M., Khurdha. 6. With regard to the seized property, a report was called for from the IIC, C.I.D. C.B. Cyber Crime P.S. vide office letter No.1819 dated 15.12.2021. In reply, the I.O. submitted a report to the court below stating that the seized articles in the above noted case are in the name of the present Petitioner and his family members and Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 29-Jan-2026 17:47:26 Signature Not Verified 4 in the name of Apple enterprises etc. The Petitioner had fraudulently collected crores of rupees from the gullible people with false promise to give high return and concerted the illegal collected money into his own use and deposited in different bank account, L.I.C. Policy, health policy and other insurance etc. 7. So far as the seized documents are concerned, considering the nature of offence, those are certainly incriminating material against the accused so as to establish the charge leveled against the Petitioner. Hence, the seized articles could not be released. However, on instruction, learned counsel for the State submits that since the investigation on those articles i.e. Laptop and other gadgets have already been over, the same can be released in favour of the petitioner. 8. In such view of the matter and considering the submission made, the Petition is allowed. The order dated 29.08.2022 passed by the learned 2nd Addl. Sessions Judge, Khurda in Criminal Revision No.2 of 2022 as well as the order dated 21.12.2021 passed by the learned S.D.J.M., Khurda in Misc. Case No.206 of 2021are hereby quashed. Accordingly, the concerned I.O. is directed to release the Laptop and other electronic gadgets seized in favour of the Petitioner with proper identification. Further, the amount involved in the entire transaction by the present Petitioner of Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 29-Jan-2026 17:47:26 5 Rs.5,74,229/- may be freezed and rest of the amount shall be allowed to be transacted. 9. Accordingly, the CRLMC is disposed of. 10. Interim order, if any, passed earlier stands vacated. ( Dr. Sanjeeb K Panigrahi) Judge Murmu