HEMANT DHASMANA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Leave granted.

(2.) A complainant, after investigation, was transposed as an accused. Such a prodigy happened in this case. A trap to catch a big fish (Chief Commissioner of Income Tax) was orchestrated by the Central Bureau of Investigation ('the CBI' for short) with a bewitching bait, but still he did not bite it. But the appellant says that two sons of the said Chief Commissioner collected the bulky cash offered to their father. On such a complaint the CBI conducted investigation.After the investigation the CBI turned against the complainant/appellant and ordered him to be prosecuted for giving false information with intent to cause the public servant use his lawful power to the detriment of the public. However, the final report laid by the CBI was not acceptable to the Special Judge and he directed further investigation into the matter but the High Court reversed the said direction by the impugned order.

(3.) Appellant styles himself as a disciple of one Swami Rama, a non-resident Indian, who founded a Trust by name "Himalayan Institute of Medical Sciences" at Dehra Dun with high profile public personage shown as its patrons. The Trust had a lot of income-tax problems. Appellant felt that the then Commissioner of Income Tax, Meerut, was troubling the Trust and its founder with notices frequently issued. It was in the said context that they approched B.P. Gupta, Chief Commissioner of Income Tax, Kanpur (the third respondent) for redressal of their grievances.