PALI DIWAN Vs. CENTRAL BUREAU OF INVESTIGATIONS

JUDGEMENT

(1.) The petitioner has filed the present petition for quashing of the order dt. 6/7/2024, passed by learned Special Judge (CBI), Shimla (learned Trial Court), vide which the application filed by the petitioner (accused before the learned Trial Court) seeking her discharge was dismissed. (Parties shall hereinafter be referred to in the same manner as they are arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present petition are that the CBI filed a charge sheet stating that the petitioner, Mrs Pali Diwan, Partner of M/s Resource Foods, submitted an application dt. 29/9/2010 in the prescribed format along with the relevant documents to avail a non-recurring grant-in-aid for setting up the Integrated Food Chain Project at village Bersa, P.O. Manjohali, Tehsil Nalagarh. The petitioner is a director of M/s Resource Food Private Limited, and she was part of a conspiracy to avail the grant-in-aid; hence, it was prayed that an action be taken against her and the other accused.

(3.) Learned Trial Court found sufficient reasons to summon t e accused. When the accused appeared, she and the other accused filed an application seeking their discharge, asserting that there was insufficient material to proceed against them. The charge sheet did not disclose the commission of any cognizable offence. The chargesheet was based on hearsay evidence. The prosecution suppressed the original document lying in the possession of the Ministry of Food Processing Industry (MoFPI). Witnesses were shown the photocopies, and they expressed their opinions based on the photocopies alone.