W. DIENGDOH
T. Pathaw – Appellant
Versus
Inspector of Police, CBI – Respondent
JUDGMENT (ORAL)
1. This is an application under Section 482 preferred by the petitioner herein with a prayer to set aside and quash the FIR dated 10.12.2015 filed by the Head of Branch, CBI, ACB, Shillong and upon investigation, a consequent chargesheet dated 31.12.2016 being filed leading to the formal proceeding being CR Case No. 38(S) 2017 now pending before the learned Chief Judicial Magistrate, Shillong with the petitioner herein as the sole accused.
2. Heard Mr. S. Jindal, learned counsel for the petitioner, who has submitted that the background facts and circumstances of the case of the petitioner is required to be placed before this Court to better understand the issues involved.
3. The learned counsel has then submitted that the petitioner herein is the Chairman of M/s Ranger Security and Service Organisation dealing mostly in the area of outsourcing of manpower to various organisation requiring such manpower.
4. North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences (NEIGRIHMS) has floated tender for availing the services of outsource personnel at NEIGRIHMS, Shillong and the petitioner's Organisation being the successful bidder has thereafter entered in
The court quashed the FIR against the petitioner, ruling insufficient evidence for criminal charges and highlighting potential double jeopardy from concurrent civil proceedings under the EPF Act.
The main legal point established in the judgment is that the mens rea and dishonest intention are essential for offenses under Sec. 409 of the IPC, and the proceedings cannot be continued against an ....
The court quashed the complaint against EPF and ESI officers, finding it malicious and aimed at evading statutory liabilities, emphasizing protections under the EPF and ESI Acts.
The court confirmed that a fiduciary relationship can give rise to criminal liability under IPC sections for failure to remit entrusted funds, emphasizing that both civil and criminal remedies may be....
The court held that the allegations against the petitioner did not attract the ingredients of the offences under Sections 403, 409, and 188 IPC. It also held that the FIR was registered without condu....
Sanction for prosecution of public servants must reflect independent assessment; repeated refusals by the authority, absent new evidence, undermine legitimacy of prosecution.
The court clarified that the CBI had jurisdiction to investigate the case without specific consent under Section 6 of the DSPE Act and that the lack of specific consent did not result in a miscarriag....
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