TAKAM SORANG Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Sri Takam Sorang has filed this application under Sec. 482 of the Code of Criminal Procedure, 1973 (CrPC, for short), with prayer for quashing the impugned criminal proceeding pending in the Court of Special Judicial Magistrate First Class (Magistrate, for short), Kamrup (M), Guwahati, being CR Case No. 1766/2015. It is averred that charges have been framed under Ss. 420/468/471 of the Indian Penal Code, 1860 (IPC, for short), against the petitioner, allegedly on the basis of misconstrued notion that the CBI had the consent of the Government of Arunachal Pradesh to carry out the investigation against the petitioner, whereas, no such consent as required under Sec. 6 of the Delhi Special Police Establishment Act, 1946 (DSPE Act, for short), was ever obtained by the CBI from the State Government in this regard.

(2.) The Central Bureau of Investigation (CBI, for short), Er. Markio Tado and the State of Arunachal Pradesh, represented by its Chief Secretary, Government of Arunachal Pradesh, are arrayed as respondent Nos. 1, 2 and 3, respectively.

(3.) The petitioner is a permanent resident of Damsite, Naharlagun, in the district of Papumpare Arunachal Pradesh. On 21/4/2012, the respondent No. 2, the then MLA lodged an FIR contending inter alia, that in the year 2009, the petitioner being the proprietor of M/s Rangne Enterprise had procured a loan of Rs.4.50Crores from the IDBI Bank Limited MSME Department, G.S. Road, Guwahati, on the strength of false and fabricated documents and accordingly, a case was registered being Case No. RC 6(A)/2013-GWH, under Ss. 420/468/471 of the Indian Penal Code, 1860 (IPC, for short). It is alleged that the CBI embarked upon the investigation and finally, submitted charge sheet, without any consent from the Government of Arunachal Pradesh, as mandated under Sec. 6 of the DSPE Act. The learned Special Judge, CBI, Assam, Guwahati, vide order dtd. 2/7/2015, transferred the case to the learned Magistrate, for disposal.