T. Pathaw vs Inspector of Police, CBI

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Megh) 26

W. DIENGDOH
T. Pathaw – Appellant
Versus
Inspector of Police, CBI – Respondent

Advocates appeared:
Mr. S. Jindal, Advocate, for the Appellant; Dr. N. Mozika, DSGI with Ms. K. Gurung, Advocates, for the Respondent

Table of Content
1. petitioner accused of financial misconduct. (Para 1 , 3 , 4 , 5 , 6)
2. claims of breach of contract do not imply criminality. (Para 7 , 10 , 11 , 12 , 21)
3. jurisdiction and procedural validity of cbi's actions questioned. (Para 8 , 9)
4. citations in support of arguments regarding legal standards. (Para 13 , 15 , 16)
5. observations on subsequent payments and their implications. (Para 17 , 20)
6. determination of the cbi's jurisdiction post-charge sheet. (Para 22 , 23 , 25)
7. decision to quash fir based on lack of prima facie case. (Para 31 , 32)

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 pla