Central Bureau Of Investigation & Anr vs The State Of West Bengal & Anr on 6 April, 2026

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    Calcutta High Court (Appellete Side)

    Central Bureau Of Investigation & Anr vs The State Of West Bengal & Anr on 6 April, 2026

                         IN THE HIGH COURT AT CALCUTTA
                        CRIMINAL REVISIONAL JURISDICTION
                                APPELLATE SIDE
    
    
    PRESENT:
    THE HON'BLE JUSTICE UDAY KUMAR
    
    
                                    CRR 2164 of 2022
    
                                    CRAN 15 of 2026
    
                       CENTRAL BUREAU OF INVESTIGATION & ANR.
                                            -VS-
                              THE STATE OF WEST BENGAL & ANR.
    
    
    
    For the Petitioners/CBI           : Mr. Kallol Mondal, Ld. Sr. Adv.
                                        Mr. Amajit De, Ld. Adv.
    
    
    
    For the State                     : Mr. Rudradipta Nandy, Ld. Adv.
                                        Mr. Saryati Dutta, Ld. Adv.
    
    
    For the Opposite Party No.2       : Mr. Ayan Poddar, Ld. Adv.
                                        Ms. Anjali Shaw, Ld. Adv.
    
    
    Hearing concluded on              : 06.02.2026
    
    Judgment on                       : 06.04.2026
    
    UDAY KUMAR, J.: -
    
    
    1.

    INTRODUCTION

    1.1. Invoking the “Inherent Power” of this Court under Section 482 of the

    SPONSORED

    Code of Criminal Procedure, 1973 (now corresponding to Section 528 of

    the Bharatiya Nagarik Suraksha Sanhita, 2023), the Petitioners being the
    2 CRR 2164 of 2022

    Central Bureau of Investigation (CBI) and its designated Investigating

    Officer, seek the quashing of Bishnupur Police Station Case No. 361 of

    2022, dated 27.05.2022, registered under Sections 120B, 193, 195,

    195A, 196, 465, 467, 468, 471, 506(ii), and 34 of the Indian Penal Code,

    1860, presently pending before the Learned Additional Chief Judicial

    Magistrate, Alipore. They move for the quashing of Bishnupur P.S. Case

    No. 361 of 2022, (the impugned FIR) characterizing it as a “Statutory

    Nullity” and a “Procedural Encroachment” upon the sovereign mandate of

    a federal investigative agency. The Petitioners contend that the FIR is not

    a bona fide report of crime but a “Tactical Obstruction” meticulously

    engineered to subvert a court-monitored probe into a multi-crore national

    scam.

    1.2. The challenge to the “Viability of the Impugned FIR” and all

    consequential proceedings is anchored in a “Trilogy of Jurisdictional

    Prohibitions” that render the proceedings void ab initio:

    I. The charges involving the “Administration of Public Justice”

    (Sections 193 and 196 IPC) are hit by the “Impenetrable

    Barrier” of Section 195(1)(b)(i), which vests the exclusive power

    of complaint in the concerned Court, thereby denuding the

    police of investigative locus.

    II. As the alleged acts occurred during the “Statutory Discharge” of

    official duties, the “Mandatory Mantle” of Section 197 was an

    inviolable prerequisite; its absence constitutes a “Fatal

    Jurisdictional Defect.”

    3 CRR 2164 of 2022

    III. A statement recorded under Section 161 of the Code is a “Legal

    Non-Entity” under the prohibitive mandate of Section 162; as a

    matter of law, it cannot constitute “Evidence in a Judicial

    Proceeding” to sustain charges of forgery or perjury.

    Collectively, these grounds frame the investigation as a

    “manifest abuse of process,” where the law of the land has been

    to facilitate an institutional assault.

    1.3. The “Quintessential Legal Conundrum” before this Court transcends a

    mere factual evaluation and necessitates a “Judicial Inquiry into

    Institutional Integrity.” The Court must discern whether the proceedings

    represent a genuine grievance of “Custodial Excess” or a “Calculated

    Anatomy of a Counter-Blast,” a weaponized strike designed to achieve the

    “Substantive Paralysis” of the “Coal Scam” probe (RC0102020A0022). The

    pivotal question remains that can local police machinery exercise a “De

    Facto Veto” over a court-monitored federal mandate, or is this FIR a

    manifest “Institutional Sabotage” that must be quashed to preserve the

    Rule of Law?

    2. FACTUAL MATRIX

    2.1. The “Genesis of the Present Conflict” is rooted in the “Statutory

    Execution” of a high-stakes federal probe into a multi-crore coal

    smuggling syndicate, registered as CBI Case No. RC0102020A0022. In

    the “Legitimate Discharge” of his investigative mandate, Petitioner No. 2

    served a peremptory notice under Section 160 of the Code upon Opposite
    4 CRR 2164 of 2022

    Party No. 2, a self-described political volunteer, requiring his attendance

    for examination as a witness. This “Regulatory Invocation” marks the

    primary point of contact between the federal agency and the individual,

    occurring strictly within the “Procedural Framework” of a court-monitored

    investigation into systemic economic offenses.

    2.2. In “Strict Adherence” to this Regulatory Mandate, the Complainant

    presented himself at the federal headquarters at Nizam Palace, Kolkata,

    on May 26, 2022. It remains a matter of “Unassailable Official Record”

    that his entry and presence within the high-security “Federal Precincts”

    were documented with “Systemic Precision” from 11.00 AM until his

    departure at 6.40 PM, a duration the Agency defines as a “Regulated

    Interrogative Session” yet one that has been strategically reframed by the

    Complainant as a window of “Unlawful Coercion.”

    2.3. The “Anatomy of the Asserted Coercion,” as articulated in the

    impugned FIR, posits that during eight-hour window of Statutory

    Examination,” the complainant was subjected to a “Calculated Battery of

    Psychological Intimidation” by Petitioner Number 2 and other unidentified

    federal officials. This narrative rests upon a triad of “Constructed

    Allegations”:

    a. the production of “Bills and Photographs” which the Complainant

    characterizes as “Fabricated Forensic Instruments,” intended to

    “Extort a Signature” thereon;

    5 CRR 2164 of 2022

    b. a sustained “Interrogative Pressure” to extract incriminating

    statements against a high-profile Member of Parliament to establish

    a “Nexus to the Proceeds of Crime”; and

    c. a “Pivotal Allegation of Collateral Threat,” wherein the petitioners

    purportedly weaponized the safety of the complainant’s spouse and

    nine-month-old infant child, suggesting they would be “Judicially

    Implicated” and incarcerated if he failed to provide the “Desired

    Testimony.”

    2.4. This account seeks to transform a “Statutory Examination” into a site

    of “Custodial Dehumanization.” However, the subsequent conduct of the

    Complainant suggests a “Calculated Spatial Manoeuvre”; upon his

    release, he bypassed the “Natural Seats of Redressal” in Bhowanipore and

    the Kolkata metropolis, choosing instead to undertake a journey to the

    Diamond Harbour Police District. This “Jurisdictional Displacement,”

    lodging the FIR at Bishnupur Police Station, 20 kilometer from the alleged

    site of occurrence, is characterized by the Petitioners as a “Textbook Case

    of Forum Shopping,” meticulously designed to initiate a “Parallel and

    Hostile Investigation.”

    2.5. Aggrieved by the registration of FIR what the petitioners term a

    “Malicious Counter-Strike” intended to sabotage the “Coal Scam” probe,

    the Petitioners invoked the jurisdiction of this Court. Recognizing the

    “Forensic Gravity” of the challenge and the potential for a “Constitutional

    Collision,” an interim stay was granted on June 29, 2022. This “Protective

    Mantle” has served as a “Cessation of Hostilities” for nearly four years, an
    6 CRR 2164 of 2022

    interval the Petitioners maintain is an “Implicit Recognition” that the

    proceedings constitute a “Tactical Siege” against the Rule of Law.

    2.6. Ultimately, this dispute represents a conflict between federal

    statutory powers and the sovereign police powers of the State,

    necessitating a “Juristic Dissection” to determine if the FIR is a report of

    crime or a “Forensic Pretext” facilitating a “Collateral Attack” on a court-

    monitored probe. The Court must now navigate a “Juristic Tightrope” to

    decide if local police machinery can be permitted to “Monitor the Monitor,”

    or if such “Institutional Sabotage” must be excised to preserve the

    “Sanctity of the Federal Mandate.”

    3. SUBMISSIONS ON BEHALF OF THE PETITIONERS

    3.1. Commencing the arguments for the Petitioners, Mr. Kallol Mondal,

    learned Senior Counsel, sketched a factual matrix defined by “Statutory

    Decorum.” He submitted that the interaction with Opposite Party No. 2

    was conducted strictly within the “Four Corners of the Law,” where the

    witness’s presence at Nizam Palace was the result of a formal notice

    under Section 160of the Code. Every movement, he underscored, was

    documented in the “Official Visitor Register,” and the examination was

    recorded with “Systemic Precision.” The Petitioners maintain that this was

    a “Regulated Statutory Exercise” that concluded long before the

    “Contrived Narratives” of the FIR were architected.

    3.2. Building upon this foundation, Mr. Mondal characterized the

    impugned FIR as a “Textbook Legal Strike” designed to achieve the

    “Substantive Paralysis” of a court-monitored investigation of grave
    7 CRR 2164 of 2022

    national importance. Relying on the ratio in Mukul Roy v. State of West

    Bengal, reported in 2019 Cri LJ 245, he argued that the proceeding is a

    “Weaponized Tool of Obstruction” intended to exert a “Chilling Effect” on

    federal officers. To permit such “Engineered Criminality,” he warned,

    would invite a “Jurisdictional Anarchy” where any high-profile subject

    under the scanner could effectively “Neutralize the Probe” by subjecting

    the agency to a “Barrage of Frivolous and Malicious Prosecution.”

    3.3. Addressing structural infirmities, Learned Counsel pointed to an

    “Unexplained Temporal Gap” and a blatant “Jurisdictional Displacement.”

    Although the alleged occurrence took place at the federal headquarters

    under the Bhowanipore jurisdiction, the FIR was strategically registered

    20 kilometers away at Bishnupur. Characterizing this as a “Textbook Case

    of Forum Shopping,” Mr. Mondal urged that the “Precise and Legalistic

    Articulation” of the complaint reveals it to be an “Artificially Constructed

    Afterthought,” designed to bypass metropolitan scrutiny and subject

    federal officers to a “Pre-meditated and Hand-picked Forum.”

    3.4. Ascending to the legal plane, Mr. Mondal raised an “Impenetrable

    Legislative Proscription” regarding Sections 193 and 196 of the IPC. He

    vehemently submitted that as these offences pertain to the

    “Administration of Public Justice,” they are hit by the mandatory bar of

    Section 195(1)(b)(i) of the Code. Since the interrogation was part of a

    probe pending before a Special Court, that Court remains the “Sole and

    Exclusive Custodian” of any grievance regarding evidence. To allow a

    parallel police investigation, he argued, is a “Subversion of the Judicial
    8 CRR 2164 of 2022

    Process” and a manifest bypass of a “Non-Negotiable Statutory

    Safeguard.”

    3.5. Advancing the defence of “Functional Immunity,” Learned Counsel

    argued that the actions of Petitioner No. 2, the summoning and

    examination of a witness, possess an “Inseparable Nexus” with his official

    mandate. Performed under the “Aegis of Statutory Duty,” these acts

    directly attract the “Mandatory Mantle” of Section 197. The requirement

    for “Prior Statutory Sanction” is an “Inviolable Condition Precedent” that

    the State Police conveniently bypassed, rendering the FIR a “Jurisdictional

    Nullity” that strips federal officers of their “Legislative Armor.”

    3.6. Regarding the invocation of Sections 465-471 IPC, Mr. Mondal

    contended that forgery was a calculated manoeuvre to provide a “Veneer

    of Gravity” to an “Anemic Complaint.” He highlighted the “Forensic

    Absurdity” of a Section 467 charge, “Forgery of a Valuable Security,”

    embarked upon without the recovery of a single forged document. To

    sustain such “Vacuum-Based Allegations” is to allow the “Metamorphosis

    of a Statutory Duty” into a “Criminal Conspiracy,” penalizing professional

    teamwork as if it were an illicit pact.

    3.7. Dismissing the allegation of “Criminal Intimidation,” Counsel

    characterized it as a “Calculated Distortion of the Interrogative Mandate.”

    He submitted that explaining the “Legal Ramifications of Accessory

    Liability” to a recalcitrant witness is a “Duty of the Office,” not a “Threat

    of the Person.” To allow an FIR every time a witness feels “Interrogative

    Discomfort” would be to grant a “License for Silence,” ensuring the
    9 CRR 2164 of 2022

    “Truth-Seeking Process” of a premier agency is effectively “Censored and

    Terrorized” by the subjective feelings of the witness.

    3.8. Concluding his submissions, Mr. Mondal urged that permitting the

    State Police to investigate the “Internal Mechanics” of a CBI interrogation

    grants the State Executive an “Extra-Legal Veto” over federal mandates.

    Invoking the high-threshold guidelines of State of Haryana v. Bhajan Lal

    [1992 Supp (1) SCC 335] specifically Categories (1), (3), (6), and (7), he

    maintained that where allegations are “Absurd and Inherently

    Improbable,” the Court must intervene to prevent an “Institutional

    Miscarriage of Justice” and protect the “Federal Shield” provided by the

    Code.The Bishnupur Case, he concluded, is not a search for truth, but a

    “Tactical Siege” against the Rule of Law.

    3.9. In light of the “Statutory Immunity” and the “Absence of Bona Fides”

    in the impugned proceedings, the Petitioners solemnly pray this Court be

    pleased to set aside the proceedings in Bishnupur P.S. Case No. 361 of

    2022, protect the “Institutional Integrity” of Petitioner No. 1 from

    “Collateral Sabotage” by stay or dismissal of all consequential proceedings

    arising from the said FIR; and reaffirm the “Federal Shield” provided

    under Sections 195 and 197 of the Code, ensuring that officers of a

    premier agency are not subjected to “Interrogative Extortion” for the

    lawful discharge of their sovereign duties.

    4. SUBMISSIONS ON BEHALF OF THE OPPOSITE PARTY NO. 1 (THE

    STATE)
    10 CRR 2164 of 2022

    4.1. Mr. Rudradipta Nandy, learned counsel for the State, sounded on the

    “Juristic Plea for Investigative Autonomy” as a “Note of Judicial Caution,”

    by emphasizing the extraordinary and discretionary nature of the Court’s

    power under Section 482 of the Code. He vehemently argued that this

    inherent jurisdiction must be exercised with “Surgical Circumspection” so

    as not to “Short-Circuit” a lawful investigation, asserting that the Court

    must resist the invitation to assume the mantle of a “Super-Investigator”

    or to stifle a legitimate inquiry into grave allegations of custodial

    misconduct at the very threshold. Mr. Nandy further submitted that the

    “Logical Inconsistencies” heavily relied upon by the Petitioners are

    essentially “Trial-Stage Defenses” are the matters of evidence that must

    be tested in the “Crucible of Cross-Examination” rather than being

    adjudicated summarily at the threshold.

    4.2. Invoking the legal concept of “Juristic Mandate of Non-Interference”

    as enunciated in M/S Neeharika Infrastructure Pvt. Ltd. v. State of

    Maharashtra, Ld. Counsel maintained that at the threshold of an FIR, the

    High Court must resist the temptation to transform itself into a “De Facto

    Trial Court.” The High Court possesses no “Probative Compass” at this

    nascent stage to evaluate the correctness or reliability of allegations.

    Referring to the cautionary mandates in Paragraph 23 and 33.12 of the

    said judgment, Ld. Counsel emphasized that an FIR is a “Starting Point,”

    not an “Encyclopaedia,” and that any premature interference effectively

    “Stifles the Discovery of Truth” while the case remains in “Involuntary

    Stagnation” due to the interim stay.

    11 CRR 2164 of 2022

    4.3. Transitioning to a “Substantive Disclosure of Criminality,” Mr. Nandy

    contended that a holistic and meaningful reading of the FIR and written

    complaint reveals the “Unmistakable Commission” of multiple cognizable

    offences, pointing toward a “Systemic Abuse of Office.” These allegations,

    are not do not merely suggest administrative lapses but point towards a

    systematic abuse of office, involving public servants framing incorrect

    documents (Sections 166/167 IPC) and the “Deliberate Fabrication of

    False Evidence” (Sections 193/195/196 IPC), and Grave Criminal

    Intimidation (Section 506 (ii) IPC), all woven into a web of criminal

    conspiracy under Section 120B. He argued that since the FIR, on its face,

    discloses the essential ingredients of these crimes, operate as a

    “Jurisdictional Bar,” precluding this Court from quashing the proceedings

    at the threshold, as the Golden Rule enunciated under the Bhajan Lal’s

    (supra) guidelines, precluding this Court from quashing the proceedings

    at the threshold. To do so, he urged, would be to ignore a “Manifest

    Criminality” that demands a full-fledged investigation.

    4.4. Advancing a “Juristic Validation of Universal Investigatory Mandate,”

    Mr. Nandy dismissed the challenge to territorial competence as a

    “Misconceived Procedural Formalism.” Relying on the settled ratio in

    Satvinder Kaur v. State [(1999) 8 SCC 728], and the concept of a “Zero

    FIR” codified in Section 173(1) of the BNSS, 2023, he argued that a

    perceived defect in jurisdiction provides no ground for quashing of an FIR

    at the threshold. Under Section 156(2) of the Code, the law affirms a
    12 CRR 2164 of 2022

    “Non-Negotiable Duty” to investigate irrespective of the area, rendering

    the Petitioners’ jurisdictional objection a “Legal Anachronism.”

    4.5. Relying on the “Doctrine of Mandatory Registration” as refined by the

    Constitution Bench in Lalita Kumari vs State of Uttar Pradesh, [(2014)

    2SCC 1], the State argued that Sections 154 and 156 of the Code impose

    a “Peremptory Command” upon the police to register an FIR the moment

    a cognizable disclosure is made. He vehemently submitted that the police

    possess “Zero Discretion” to conduct a preliminary inquiry when a

    complaint, on its face, unveils a crime. Counsel maintained that any

    judicial stay on such an investigation “Trespasses upon the Exclusive

    Domain” of the Executive, and erodes public confidence in the Rule of

    Law. In the present case, where the complaint contained specific and

    chilling allegations of “Forensic Fabrication” and “Custodial Intimidation,”

    the State contended that the police were not merely empowered, but

    “Statutorily Compelled” to initiate the investigative process to protect the

    “Sanctity of the Citizen” against institutional overreach.

    4.6. Turning to a “Judicial Deconstruction of Institutional Immunity,”

    Learned Counsel for the State contended that the official capacity of CBI

    officers does not grant a “Sanctuary of Exemption” from liability under

    criminal laws of the land. Mr. Nandy submitted that the chilling

    allegations, specifically the “Psychological Coercion” of a nine-month-old

    infant and the “Forensic Forgery” of documents to extract a confession,

    constitute a manifest “Betrayal of Public Trust” and a grave violation of

    Article 21. Citing the restrictive ratio in Choudhury Parveen Sultana v.

    13 CRR 2164 of 2022

    State of West Bengal [(2009) 3 SCC 398] Ld. Counsel urged that acts

    such as “Scripting Witness Testimony” or “Fabricating Signatures” can

    never, by any stretch of legal logic, be regarded as the bona fide

    discharge of official duty. Consequently, the protection of Section 197 of

    the Code was characterized as a “Misplaced Shield,” as the requirement

    for sanction only matures at the stage of “Judicial Cognizance” and cannot

    prevent an investigation. Relying on Om Prakash Yadav v. Niranjan

    Kumar Upadhyaya [2024 SCC OnLine SC 3726], he argued that the law

    does not permit a “Pre-emptive Strike” against an investigation under the

    deceptive garb of statutory immunity.

    4.7. Transitioning to an “Affirmation of Independent Cognizability,” the

    State relied upon the ratio decided in recent case in State of Kerala v.

    Sunil [2025 OnLine SC 2295] to dismantle the challenge under Section

    195 of the Code. He argued that Section 195A of the IPC stands as an

    “Independent Sentinel” specially enacted to provide an immediate and

    effective “Protective Umbrella” to witness during the investigation. Mr.

    Nandy contended that the police possess the “Standalone Power” to

    investigate threats without awaiting the “Procedural Formalism” of a

    court-led complaint under Section 340 of the Code, lest the statutory

    mandate of protection be rendered “Statutorily Illusory.” To interpret the

    law otherwise, the State Maintains, would be to leave a vulnerable

    witness in a Jurisdictional Limbo,” effectively rendering the statutory

    mandate of witness protection “Statutory Illusory” and allowing the

    “Poisoning of Evidence” to continue unchecked.

    14 CRR 2164 of 2022

    4.8. Invoking the “Axiom of Facial Veracity,” the State submitted that the

    Petitioners’ reliance on “Logical Inconsistencies” or “Mala Fides” is an

    invitation for a “Mini-Trial.” Drawing strength from Rajeev Kourav v.

    Baisahab [(2020) 3 SCC 317] and CBI v. Aryan Singh [2023 (18) SCC

    399], Mr. Nandy argued that the High Court, in its inherent jurisdiction, is

    “Procedurally Precluded” from evaluating veracity of an FIR or the defence

    of the accused at this nascent stage. He contended that the truth of the

    facts demands the “Oxygen of Cross-Examination,” and any “Meticulous

    Weighing of Evidence” now would constitute a “Premature Exoneration.”

    4.9. Finally, the State raised a formidable preliminary objection regarding

    maintainability of the petition filed by the CBI in its institutional capacity.

    Relying on the restrictive ratio in Hukum Chand Garg & Anr. v. State of

    Uttar Pradesh [2022 SCC OnLine SC 2165], Learned Counsel argued that

    the CBI is a “Legal Stranger” to the case, being neither informant nor

    accused. He vehemently submitted that a federal institution cannot act as

    a “Proxy Litigant” or an “Aggrieved Person” to shield its members from an

    investigation into “Individual Malfeasance,” characterizing the petition as

    an “Unauthorized Interposition” into a state investigation.

    4.10. In view of the “Forensic Gravity” of the allegations and the

    “Statutory Mandate” to investigate cognizable crimes, the State prayed

    that :

    (i) The present petition be dismissed in limine as being

    “Jurisdictional Terminated” by the lack of institutional locus

    standi;

    15 CRR 2164 of 2022

    (ii) the interim stay, which has served as a “Shield for the

    Accused” and a “Barrier to the Truth” for nearly four years,

    be vacated with immediate effect;

    (iii) the state investigating Agency be permitted to exercise its

    “Executive Prerogative” to conduct an unfettered inquiry,

    thereby upholding the “Constitutional Promise” that no

    officer, regardless of their stature, is beyond the reach of the

    law.

    5. SUBMISSIONS ON BEHALF OF THE OPPOSITE PARTY NO. 2 (DE-

    FACTO COMPLAINANT)

    5.1. Advancing a vehement and granular defence of the complainant’s

    verson, Mr. Ayan Poddar learned counsel for the Opposite Party No. 2

    characterized the instant application for quashing as a “Manifest Attempt

    to Stifle” a legitimate inquiry into grave custodial excesses. He

    meticulously reconstructed the timeline of May 26, 2022, asserting that

    the De-facto Complainant, a law-abiding citizen, presented himself at

    Nizam Palace at 11:00 AM, not as a suspect, but in “Strict Obedience” to

    a statutory notice under Section 160 of the Code. This nearly eight-hour

    ordeal, Learned Counsel argued, transcended the bounds of a routine

    examination and descended into the realm of an “Unauthorized Custodial

    Interrogation,” stripped of the procedural safeguards guaranteed under

    the “Sanctity of Article 21.”

    5.2. Shifting to the “Anatomy of Forensic Coercion,” Mr. Poddar

    highlighted the grave allegation that Petitioner No. 2, acting under the
    16 CRR 2164 of 2022

    “Aegis of Office,” produced a series of fabricated documents, including

    bills and photographs, and attempted to “Extort an Admission” of their

    fabricated documents. Upon the Complainant’s steadfast refusal to “Adopt

    Forged Signatures” as his own, the investigative process ceased to be a

    search for truth and devolved into a “Threat-Based Interrogation,” where

    he was relentlessly pressured to provide a “Scripted Testimony” against

    high-profile individuals namely Mr. Abhishek Banerjee and Mr. Sumit Roy,

    to establish a “Contrived Link” to the proceeds of crime, a conduct

    characterized as a “Gross Perversion” of statutory power vested in a

    federal agency.

    5.3. This grievance was further elevated to a “Jurisprudential Critique of

    Psychological Intimidation,” with Learned Counsel highlighting the most

    distressing facet of the ordeal: the alleged extension of threats to

    implicate the Complainant’s wife and his nine-month-old infant. It was

    forcefully submitted that the Petitioners utilized the “Spectre of

    Incarceration” against an innocent family to compel a “Coerced

    Narrative,” (stating they would be “Shown as Beneficiaries” of the scam

    and left to “Languish in Jail”) an act of “Totalitarian Encroachment” into

    the private sphere of a witness constitutes a manifest abuse of

    investigative power, that strikes at the very soul of the “Right to Life and

    Liberty” and violates the fundamental “Sanctity of the Witness” in a

    democratic polity. This was characterized not as a legitimate

    interrogation, but as a “Strategic Battery” aimed at “Planting False

    Evidence” through extreme psychological trauma.

    17 CRR 2164 of 2022

    5.4. Interposing a “Juristic Barrier to Maintainability,” Mr. Poddar raised a

    threshold objection anchored upon the restrictive rule of standing held in

    Hukum Chand Garg (supra). He argued that the extraordinary remedies

    under Sections 197, 401, and 482 of the code are reserved exclusively for

    an accused or a person directly aggrieved by a judicial order. He

    contended that the CBI, in its institutional capacity, is neither the

    informant nor a named accused in the Bishnupur Case rendering it a

    “Statutory Stranger” to the present FIR. He forcefully contended that a

    federal institution cannot invoke the “Inherent Powers” of this Court to

    create a “Sanctuary of Immunity” for individual officers, effectively

    shielding them from a lawful investigation into personal criminal liability,

    as to allow the Agency to litigate on behalf of a natural person is to permit

    a “Corporate Hijacking” of the criminal process.

    5.5. Invoking a “Judicial Prohibition against Pre-Trial Adjudication,” Mr.

    Poddar contended that the ingredients of criminal intimidation and forgery

    are manifest upon a plain reading of the FIR. He urged that this Court

    must eschew the temptation to conduct a “Mini-Trial” at this nascent

    stage. Citing Daxaben v. State of Gujarat [2022 (16) SCC 117], MCD v.

    Ram Kishan Rohtagi [(1983) 1 SCC 1], State of Odisha v. Pratima

    Mohanty [(2022) 16 SCC 703], and CBI v. Aryan Singh [2023 (18) SCC

    399] he argued that instead proceed on the “Axiom of Facial Veracity,”

    any inquiry into the credibility of the version is a matter for the “Crucible

    of Trial” as mandated in Rajeev Kourav v. Baisahab [(2020) 3 SCC 317],

    and Muskan v. Ishaan Khan [2025 SCC OnLine SC 2355]. To stifle the
    18 CRR 2164 of 2022

    investigation now would be to prematurely “Exonerate” a potential

    offender without a shred of evidence being tested in Cross-Examination.

    5.6. Advancing a “Dissection of the Protective Aegis” regarding statutory

    immunity, Mr. Poddar submitted that the requirement for sanction under

    Section 197 is both “Premature and Inapplicable” at the investigative

    threshold. Drawing a “Juristic Demarcation” between official acts and

    criminal departures, and relying on Om Prakash Yadav v. Niranjan Kumar

    Upadhyay [2024 SCC OnLine SC 3726] and Choudhury Parveen Sultana

    Choudhury Parveen Sultana v. State of West Bengal [(2009) 3 SCC 398],

    he argued that acts such as “Threatening an Infant” or “Systemic

    Fabrication of Records” by any stretch of legal imagination, can be

    regarded as official duty. The protection of Section 197, he contended, is

    conceived as a shield for the bona fide officer, not a “Charter of Impunity”

    for “Extortionate Conduct” committed under the deceptive garb of a

    federal investigation.

    5.7. Transitioning to a “Juristic Affirmation of Witness Autonomy,” Mr.

    Poddar, placed heavy reliance on the definitive ratio in State of Kerala v.

    Sunil, [2025 SCC OnLine SC 2295], to justify the invocation of Section

    195A of the I.P.C. He argued that the Hon’ble Supreme Court has now

    clarified the “Independent Cognizability” of this provision, elevating it to a

    Standalone protection for witnesses even at the pre-trial and investigative

    stages to investigate threats under Sections 154 and 156 of the Code,

    without the “Procedural Fetters” of a prior court complaint. Drawing from

    Indresh Kumar v. State of UP [2022 SCC OnLine SC 2411] and Salim
    19 CRR 2164 of 2022

    Khan v. Sanjai Singh [(2002) 9 SCC 670], he noted that the “Poisoning of

    Evidence” is a “Continuous Injury” necessitating immediate intervention

    to prevent the “Subversion of the Truth.”

    5.8. Advancing a “Dismissal of Territorial Formalism” concerning the

    challenge to jurisdiction, Mr. Poddar relied on Satvinder Kaur v. State

    [(1999) 8 SCC 728]) to argue that a perceived defect provides no “Juristic

    Ground” for quashing at the threshold. Invoking the “Mandatory

    Command” of Lalita Kumari, and the cautionary principles in M/S

    Neeharika Infrastructure (supra), he urged that the police are under a

    “Statutory Obligation” to exhaust the investigative process once a

    cognizable offence is disclosed. He expressed “Grave Judicial Concern”

    over the interim stay granted on 29.06.2022, contending that a “Quest

    for Truth” into allegations of custodial torture cannot be held in “Perpetual

    Abeyance” merely because the alleged perpetrator enjoys the “Stature of

    a Federal Officer.” To stay such an inquiry, he argued, is to permit a

    “Jurisdictional Vacuum” where the rule of law is effectively suspended.

    5.9. Concluding with an “Invocation of the Edifice of Justice” Mr. Poddar

    placed reliance on the seminal ratio in Zahira Habibullah Sheikh (5) v.

    State of Gujarat [(2006) 3 SCC 374], to affirm that the integrity of the

    system rests upon the “Sanctity of the Witness.” He argued that the

    prolonged stay has created a “Justice Deficit” and a “Substantive

    Paralysis” of the Rule of Law. Consequently, he prayed that the interim

    order be vacated to allow the law to take its “Logical and Unfettered

    Course” and ensure a “Truth-Oriented Conclusion” to the Bishnupur Case.

    20 CRR 2164 of 2022

    5.10. He urged this Court to recognize that the “Inherent Powers” under

    Section 482 of the Code are intended to prevent the abuse of the process

    of any Court, not to provide a “Safe Harbour” for officials accused of

    violating the fundamental rights of a citizen. Consequently, it was prayed

    that:

    i. The instant Criminal Revision and the accompanying

    application for quashing be dismissed as being “Devoid of

    Merit” and legally “Misconceived”;

    ii. The interim order of stay, which has held the investigation in

    “Perpetual Abeyance” since 29.06.2022, be vacated forthwith

    to prevent further “Erosion of Evidence”;

    iii. The Investigating Agency be permitted to reach a “Logical and

    Truth-Oriented Conclusion” in the Bishnupur Case, thereby

    vindicating the “Institutional Credibility” of the State Police

    and the “Fundamental Rights” of the Complainant.

    6. QUESTIONS FOR DETERMINATION

    6.1. Based on the rival contentions and the legal landscape governing the

    interaction between federal investigative mandates and State police

    powers, the following issues are settled for the consideration of this

    Court:

    i. Whether Petitioner No. 1 (CBI), in its institutional capacity,

    qualifies as a “person aggrieved” within the scheme of the

    Code of Criminal Procedure, or whether the present petition,

    insofar as it seeks to quash an FIR against individual officers,
    21 CRR 2164 of 2022

    is hit by the restrictive principles of standing as enunciated in

    Hukum Chand Garg v. State of U.P. [2022]?

    ii. Whether the acts complained of, namely the summoning and

    interrogation of a witness at Nizam Palace, bear such an

    “inseparable nexus” to the discharge of official duty that they

    attract the mandatory requirement of prior sanction, or

    whether the allegations of custodial coercion strip the public

    servant of such statutory immunity as per the ratio in

    Choudhury Parveen Sultana v. State of West Bengal [2009]?

    iii. Whether the registration of the impugned FIR for offences

    primarily relating to the “fabrication of false evidence”

    (Sections 193, 195, 196 IPC) is legally sustainable at the

    instance of a private individual, or whether such a proceeding

    is hit by the absolute statutory embargo contained in Section

    195(1)(b)(i) Cr.P.C., which reserves such jurisdiction

    exclusively to the concerned Court?

    iv. Whether the inclusion of Section 195A IPC (threatening a

    witness), in light of the recent ratio in State of Kerala v. Sunil

    [2025], provides a valid legal basis for the State Police to

    independently investigate a federal investigator’s conduct

    during an ongoing judicial probe?

    v. Whether the narrative of the De-facto Complainant,

    specifically the allegation of being “forced to admit”

    signatures while simultaneously asserting a “clear denial,”

    22 CRR 2164 of 2022

    that renders the FIR “inherently improbable” under Category

    3 or “manifestly malicious” under Category 7 of the Bhajan

    Lal guidelines.

    vi. Whether the choice of a geographically distant Police Station

    (Bishnupur), coupled with the strategic timing of the

    complaint immediately following a summons in a sensitive

    scam, indicates a “Counter-Blast” intended to obstruct the

    administration of justice and interfere with the CBI’s

    institutional autonomy?

    7. ANALYSIS AND FINDINGS OF THE COURT

    7.1. The Locus Standi of Petitioner No. 1 (CBI) and Institutional

    Maintainability

    7.1.1. Commencing with the sovereign-juristic inquiry, this Court must

    determine whether the Central Bureau of Investigation (CBI), in its

    collective and juristic capacity, possesses the locus standi to invoke the

    inherent, plenary jurisdiction of this Court under Section 482 of the Code.

    The controversy necessitates a determination of “Functional Identity,”

    whether a premier federal agency is a “Legal Stranger” to a criminal

    process that, while not impleading the Agency eo nomine, specifically

    arraigns its Investigating Officer and “unknown officials” for acts

    purportedly committed within a federal enclave. This Court must decide if

    the Institution qualifies as an “Institutional Victim of Collateral

    Criminalization,” an entity whose very operational mandate is placed

    under siege by the impugned proceedings.

    23 CRR 2164 of 2022

    7.1.2. A formidable challenge has been mounted by the learned Counsel

    for the State and the De-facto Complainant, primarily anchored upon the

    dictum in Hukum Chand Garg & Anr. v. State of U.P. [2022 SCC OnLine

    SC 2165]. They advocate for a “Restrictive Interpretive Rule,” contending

    that the right to seek the quashing of a criminal proceeding is a purely

    personal right, an action personalis, vested exclusively in the “Accused.”

    The pivot of their critique is that since the CBI, as a statutory juristic

    entity, is not formally impleaded as an accused in the FIR, it remains a

    “Legal Outsider” to the controversy. It is argued that the Institution

    cannot, by any stretch of legal imagination, be deemed a “Person

    Aggrieved” within the scheme of the Code, and consequently, the petition

    at its instance is hit by a jurisdictional deficit of locus standi.

    7.1.3. Upon a Jurisprudential Dissection of the ratio in Hukum Chand Garg

    (supra), I find the reliance placed by the Opposite Parties to be a

    “Categorical Misapplication” of the law to the present facts. While it

    remains an axiomatic principle that a total stranger cannot meddle with

    the investigative machinery, the factual matrix here is “Starkly

    Distinguishable.” The instant FIR does not target a private citizen in a

    vacuum; it specifically identifies the “Investigating Officer and unknown

    officials of the CBI” for acts allegedly committed during a high-stakes,

    court-monitored investigation. This is not the intervention of a

    “Meddlesome Interloper” seeking to derail a private prosecution; rather, it

    is a premier federal agency seeking to protect the sanctity of its own

    mandate from being “Criminalized in situ.” To equate the CBI’s
    24 CRR 2164 of 2022

    institutional standing with that of a “Stranger” is to ignore the reality that

    the Agency is the very target of the impugned process.

    7.1.4. The Central Bureau of Investigation (CBI), as a statutory entity

    constituted under the Delhi Special Police Establishment Act, 1946,

    functions as the specialized investigative arm of the Union, embodying a

    “Sovereign Institutional Prerogative.” Its efficacy is intrinsically linked to

    the “Inherent Functional Autonomy” of its officers, who must be insulated

    from the spectre of retaliatory or obstructive state action while

    discharging their mandates. While not expressly cited by the Bar, I find

    the principles in CBI v. Rajesh Gandhi [(1996) 11 SCC 253] and the

    seminal observations in Vineet Narain v. Union of India [(1998) 1 SCC

    226] to be of profound relevance. These authorities underscore that the

    “Institutional Integrity” of the CBI is a vital cog in the machinery of

    justice. To suggest that the Agency remains a “Legal Stranger” when its

    very interrogation procedures are under criminal challenge is a

    proposition that is not only conceptually flawed but is, in the estimation of

    this Court, “Legally Fallacious.”

    7.1.5. Formulating an “Institutional Siege Hypothesis,” this Court

    observes that if the internal interrogation protocols within a federal

    precinct, such as Nizam Palace, are permitted to be criminalized through

    the mechanism of a “Collateral FIR” at the mere behest of a disgruntled

    witness, the Institution itself is effectively placed under siege. The logic of

    the Opposite Parties would reduce a premier federal agency to a “Mute

    Spectator” while its statutory mandate is systematically dismantled by a
    25 CRR 2164 of 2022

    parallel police inquiry. In the landscape of federal-state investigative

    friction, where an agency’s methodology is challenged as a “Criminal

    Enterprise,” the Institution is not merely an interested party; it is a

    “Necessary Party.” To deny it the standing to challenge such a proceeding

    would be to sanction a “Procedural Veto” in the hands of the State,

    thereby subverting the very essence of a fair and independent

    investigation and permitting the “Administrative Sabotage” of a federal

    probe.

    7.1.6. Establishing a “Distinction of Juridical Categories,” this Court finds

    that the factual matrix in Hukum Chand Garg (supra) was confined to the

    rights of private individuals in a personal litigation where no sovereign or

    institutional interests were at stake. By contrast, the impugned FIR in the

    present case displays a “Triad of Institutional Aggrievement” that

    transcends personal liability and merges into institutional injury:

    i. The impleadment of “unknown officials” casts a wide and

    indeterminate net over the entire investigative team,

    effectively paralyzing the Agency’s collective function through

    a “blanket threat” of arrest;

    ii. The alleged acts originated from a formal process under

    Section 160 of the Code, thereby rendering them acts

    performed ex virtuteofficii (by virtue of office) rather than

    private conduct;

    iii. The timing and nature of the complaint demonstrate a clear

    attempt to create a “Tactical Diversion” to a court-monitored
    26 CRR 2164 of 2022

    probe, thereby directly impacting the CBI’s institutional

    capacity to fulfill its federal mandate.

    These factors, taken together, create a distinct legal

    category of “Aggrieved Party” that was never

    contemplated in the private-party context of the Hukum

    Chand Garg decision.

    7.1.7. Furthermore, I find significant resonance in the ratio of K. Kapila v.

    CBI [(1999) 9 SCC 526], which, although rendered in a different factual

    setting, recognizes a “Metaphysical Integration” between an Institution

    and its officers. The law recognizes that an Institution possesses a vested

    and subsisting interest in the legality of proceedings involving its

    personnel, predicated on the principle that an officer does not act in a

    vacuum but as the “Hand and Voice” of the Agency. Consequently, any

    criminal proceedings initiated against such an officer for acts purportedly

    done in the discharge of official functions necessarily implicate the

    Agency’s own procedural integrity. This judicial recognition of

    “Institutional Persona” provides the necessary “Legal Bridge” to hold that

    Petitioner No. 1 is not a meddlesome stranger, but a party whose very

    functional existence is jeopardized by the impugned FIR.

    7.1.8. To label Petitioner No. 1 as a “Stranger” to the controversy is, in

    the estimation of this Court, “Legally Myopic” and ignores the volatile

    realities of federal-state investigative friction. When the very methodology

    of an Agency’s interrogation that conducted within its own jurisdictional

    enclave, is characterized as a “Criminal Enterprise,” the Institution is not
    27 CRR 2164 of 2022

    merely an interested party; it is a “Necessary Party.” To hold otherwise

    would be to sanction a regime where the State machinery could

    systematically “Decapitate” a federal investigation by targeting individual

    officers seriatim, thereby leaving the Agency sans any legal recourse to

    protect its institutional mandate. Such a restrictive interpretation of locus

    standi would not only offend the principles of natural justice but would

    effectively permit the criminal process to be “Weaponized” as a tool of

    administrative obstruction.

    7.1.9. Arriving at a “Sovereign Jurisdictional Affirmation,” this Court

    rejects the preliminary objection regarding the maintainability of this

    petition at the instance of the CBI. It is held that Petitioner No. 1

    possesses the requisite locus standi to invoke the inherent, plenary

    powers of this Court under Section 482 of the Code. The Agency is not a

    “Legal Stranger” to the controversy; rather, it qualifies as an “Aggrieved

    Party” in the context of institutional interference and the preservation of

    investigative sanctity. To deny the Institution a voice in this forum would

    be to permit the “Systematic Decapitation” of its mandate through the

    “Weaponization” of local criminal process. Question No. 1 is, accordingly,

    answered in the affirmative and in favour of the Petitioners.

    7.2. The Statutory Bar under Section 197 Cr.P.C. and the “Official

    Duty” Nexus

    7.2.1. Proceeding to the second quintessential inquiry, this Court must

    determine whether the acts impugned in the FIR, specifically the

    summoning and custodial interrogation of a witness, possess such an
    28 CRR 2164 of 2022

    “Inextricable Link” to the discharge of official duty that the State Police

    was legally interdicted from initiating any criminal process. The core of

    this determination lies in whether the alleged “high-handedness” can be

    legally severed from the underlying statutory function, or whether the

    absence of a prior sanction from the Central Government acts as an

    absolute “Jurisdictional Bar” to the registration of the FIR and the

    continuation of the investigation.

    7.2.2. A spirited challenge has been mounted by the learned Counsel for

    the State and the De-facto Complainant, primarily anchored upon the

    dictum in Choudhury Parveen Sultana v. State of West Bengal [(2009) 3

    SCC 398] and the recent observations in Om Prakash Yadav v. Niranjan

    Kumar Upadhyay [2024 SCC OnLine SC 3726]. They advocate for a

    “Surgical Severance” of the acts alleged, specifically “forgery,” “criminal

    intimidation,” and the “threatening of an infant of nine months” arguing

    that such conduct can never, by any stretch of legal imagination, be

    assimilated into a public servant’s official mandate. The pivot of their

    contention is a “Thematic Decoupling”: that the moment an officer

    oversteps the bounds of the law to commit a perceived crime, the

    protective “shield” of Section 197 Cr.P.C. is automatically lowered,

    exposing the individual to the full rigor of ordinary criminal process

    without the necessity of a prior executive filter.

    7.2.3. Inverting this perspective, Mr. Mondal, appearing for the

    Petitioners, anchors his rebuttal upon the “Sovereign Functionality” of the

    act. He submits that Petitioner No. 2 was not acting in a private capacity,
    29 CRR 2164 of 2022

    but was operating within the “Statutory Crucible” of a federal

    investigation, conducted within the high-security precincts of Nizam

    Palace. The core of his contention is that the entire encounter was a direct

    manifestation of a “Core Duty,” the questioning of a witness in a complex,

    multi-crore scam. He cautions this Court that if “Robust Interrogation” is

    permitted to be “Tactically Re-labelled” as criminal intimidation to bypass

    the requirement of sanction, it would expose every federal investigator to

    the caprice of “Retaliatory Litigation,” effectively paralyzing the

    institutional machinery of the Central Bureau of Investigation.

    7.2.4. Undertaking a jurisdictional distillation of the authorities cited, this

    Court acknowledges that the protection afforded by Section 197 of the

    Code is not a “Blanket Immunity” for every act committed during a public

    servant’s tenure. While Choudhury Parveen Sultana (supra) remains a

    guiding light in preventing the abuse of statutory shields for purely

    private crimes, the subsequent evolution of the “Nexus Test” has

    introduced a significant degree of “Jurisprudential Refinement.” The

    inquiry has shifted from a binary assessment of “duty versus crime” to a

    more nuanced examination of whether the act complained of, even if

    allegedly excessive, was an inseparable byproduct of the officer’s official

    mandate.

    7.2.5. Pursuing an inquisitorial discovery beyond the citations provided by

    the Bar, I find the ratios in State of Orissa v. Ganesh Chandra Jew

    [(2004) 8 SCC 40] and D. Devaraja v. OwaisSabeer Hussain [(2020) 7

    SCC 695] to be of profound, perhaps even dispositive, relevance. The law
    30 CRR 2164 of 2022

    has moved past a simplistic binary; the settled “Reasonable Nexus Test”

    does not ask whether a specific act, such as intimidation or high-

    handedness, constitutes a “duty” in the abstract. Rather, it demands an

    inquiry into whether the act was committed under the “Colour of Office.”

    If the alleged excess is inextricably linked to the performance of an official

    function, the protective umbrella of Section 197 is immediately and

    irresistibly attracted, shielding the officer from a prosecution that lacks

    the requisite executive clearance.

    7.2.6. Sifting the factual matrix through the sieve of the “Nexus Test,”

    this Court finds that the present case is fundamentally distinguishable

    from instances of “Purely Private Crimes” committed by officers. A “Triad

    of Jurisdictional Facts” emerges here, which anchors the alleged acts

    firmly within the perimeter of official duty:

    a. The Complainant was present at Nizam Palace not by choice

    or private invitation, but in strict obedience to a statutory

    notice issued under Section 160 of the Code;

    b. Petitioner No. 2 was present not as a private individual, but ex

    virtute officii as the designated Investigating Officer of a

    federal probe;

    c. The interrogation itself was the very raison d’être, the sole

    reason for existence, of the meeting.

    These characteristics collectively confirm that the

    encounter was a creature of the statute, not a chance or

    personal confrontation.

    31 CRR 2164 of 2022

    7.2.7. Drawing a Jurisprudential Contrast with the State’s reliance on Om

    Prakash Yadav (supra), this Court finds that the allegations therein

    involved acts entirely de hors, outside, the scope of an officer’s mandate.

    In the present matrix, however, the alleged acts, pressuring a witness to

    sign a statement, are fundamentally intertwined with the modus operandi

    of a federal investigation. Even if the officer’s conduct was “over-zealous”

    or “robust” to the point of causing subjective discomfort, such acts were

    performed under the “Aegis of Official Duty.” To hold otherwise would be

    to hand a “Procedural Weapon” to the State machinery, allowing it to

    systematically achieve the “Institutional Decapitation” of federal probes

    by merely inserting a charge of “abuse” or “threat” into an FIR to bypass

    the mandatory statutory filter of Section 197.

    7.2.8. Identifying a fundamental Jurisprudential Disjunction, this Court

    finds that the ratio of Choudhury Parveen Sultana is wholly inapplicable to

    the present factual matrix. That precedent addresses “Purely Private

    Crimes” that bear no relation to the officer’s mandate. In the present

    case, however, the alleged interaction was not a stray or independent

    criminal act; it was “Statutorily Anchored” in the official process of

    investigation. The allegations of intimidation and forgery, which I have

    already noted as “Factually Paradoxical,” occurred during the very

    discharge of official functions. Consequently, the act cannot be surgically

    removed from the officer’s status as the Investigating Officer for the

    purpose of avoiding the “Sanction Shield.”

    32 CRR 2164 of 2022

    7.2.9. Arriving at a point of Indivisible Nexus, this Court finds that the link

    between the alleged acts and the officer’s mandate is not merely

    reasonable; it is “Inherent and Absolute.” To deny Petitioner No. 2 the

    protection of Section 197 under these circumstances would be to sanction

    a “Procedural Veto” in the hands of a witness, granting any subject of an

    investigation the power to halt a federal probe by simply alleging “High-

    Handedness.” Such a precedent would subvert the very essence of a fair

    and independent inquiry, replacing “Statutory Authority” with

    “Administrative Sabotage.” Consequently, no FIR could have been legally

    registered, and no investigation could have proceeded, without the prior

    “Jurisdictional Trigger” of a sanction from the Central Government.

    7.2.10. Pronouncing a threshold decree upon the statutory immunity of

    the officer, this Court holds that the acts alleged possess a “Direct and

    Inseparable Nexus” with the discharge of official duty. The protection

    afforded by Section 197 of the Code is not merely a trial-stage defense,

    but an “Absolute Interdict” at the very threshold of the criminal process.

    By registering the FIR and initiating an investigation without the prior

    “Jurisdictional Trigger” of a sanction from the Central Government, the

    State has committed a “Manifest Illegality” that strikes at the root of the

    proceeding. Consequently, the entire investigative exercise is void ab

    initio for want of competence. Question No. 2 is, accordingly, answered in

    the affirmative, against the State and in favour of the Petitioners.

    7.3. The Statutory Bar under Section 195 Cr.P.C. and Offences

    Against Public Justice
    33 CRR 2164 of 2022

    7.3.1. Turning our focus to the structural integrity of the criminal process,

    the Court must now determine whether the State Police possessed the

    jurisdictional mandate to initiate an FIR and pursue an investigation into

    offences under Sections 193, 195, and 196 of the Indian Penal Code. This

    inquiry centers on whether such proceedings are rendered void ab initio

    by the categorical embargo engrafted in Section 195(1)(b)(i) of the Code

    of Criminal Procedure, 1973. I called upon to decide if the “Judicial Filter,

    “a mechanism meticulously designed by the Legislature to safeguard the

    administration of justice, can be circumvented by a private FIR in

    instances where the sanctity of evidence destined for a Court is the

    primary subject of dispute.

    7.3.2. Centering the Petitioners’ challenge upon a factual-jurisdictional

    nexus, Mr. Mondal submits that the essence of the Complainant’s

    grievance, the alleged “coerced fabrication of evidence” under Section

    161 of the Code, is inextricably linked to an ongoing federal prosecution.

    Given that this statement was destined for the evidentiary record of the

    “Coal Scam Case” currently pending before the Special CBI Court, the

    Petitioners contend that the State Police has strayed into a “Prohibited

    Zone” of investigation. By invoking Category (6) of the celebrated Bhajan

    Lal precedent, he argued that the existence of an express legal bar

    renders the FIR a “nullity in law.” The spirit of this submission is that the

    Executive cannot be permitted to perform a “Parallel Adjudication” on the

    veracity of evidence that falls within the sole and sovereign domain of the

    Special Court.

    34 CRR 2164 of 2022

    7.3.3. Navigating a sharp jurisdictional divergence, the State and the De-

    facto Complainant mount a spirited defense, asserting that the restrictive

    bar of Section 195 of the Code remains dormant during the embryonic

    stage of a police investigation. The pivot of their contention is a literalist

    interpretation that the statutory embargo merely prevents a Court from

    “taking cognizance” and does not, ipso facto, paralyze the inherent power

    of the police to probe a cognizable offense. In their estimation, the

    investigative machinery may proceed to its logical conclusion regardless

    of any future judicial hurdle. However, I find this line of reasoning to be a

    “Procedural Fallacy” of the highest order; it ignores the inescapable reality

    that where the ultimate judicial destination is legally barricaded, any

    parallel police inquiry into the veracity of evidence destined for a Special

    Court is not only redundant but constitutes a manifest overreach of

    executive power.

    7.3.4. Engaging in a rigorous statutory exegesis, this Court finds that

    Section 195(1)(b)(i) of the Code operates as a “Jurisdictional Sentinel,”

    explicitly mandating that no Court shall take cognizance of any offence

    punishable under Sections 193 to 196 of the IPC, among others, when

    such offence is alleged to have been committed in, or in relation to, any

    proceeding in any Court, except upon the complaint in writing of that

    Court or its authorized officer. While not explicitly highlighted by the Bar,

    I find the principles enunciated by the Constitution Bench in Iqbal Singh

    Marwah v. Meenakshi Marwah [(2005) 4 SCC 370] and the subsequent

    clarification in Bandekar Brothers Pvt. Ltd. v. Prasad Vassudev Keni
    35 CRR 2164 of 2022

    [(2020) 20 SCC 1] to be of profound relevance. The law is now crystal

    clear that the moment false evidence is “fabricated” for the purpose of

    being produced in a Court, the mandatory “Judicial Filter” is immediately

    attracted. This statutory protection is not a matter of administrative

    convenience, but a vital safeguard to ensure that the presiding Court

    remains the sole arbiter of the integrity of its own proceedings.

    7.3.5. Achieving a factual-jurisdictional fusion within the present matrix, it

    remains an undisputed reality that the interrogation conducted at Nizam

    Palace was an integral component of an ongoing federal investigation,

    already under the supervisory and adjudicatory aegis of a Special CBI

    Court. Any statement recorded during such an exercise, performed under

    the mandate of a federal probe, is for all legal intents and purposes a

    “step in a judicial proceeding” within the ambit of Section 193 of the IPC.

    It follows, as an immutable legal corollary, that the alleged act of

    “fabricating” or “coercing” such a statement is inextricably woven into the

    administration of justice within that specific forum. Consequently, the

    State Police cannot be permitted to launch a parallel criminal inquiry into

    the veracity of these statements, as doing so would effectively empower

    the Executive to execute a “Collateral Attack” on the exclusive prerogative

    of the Special Court to determine the purity of its own evidentiary record.

    7.3.6. Subjecting the State’s contention to a teleological critique, this

    Court finds that the proposition of a police investigation proceeding where

    a Court is barred from taking cognizance is a “Profound Procedural

    Fallacy.” It ignores the fundamental tenet that a criminal investigation is
    36 CRR 2164 of 2022

    not an end in itself, but a subordinate means to an eventual adjudication

    by a Court of competent jurisdiction. If the ultimate judicial destination is

    legally barricaded by the mandatory provisions of Section 195 of the

    Code, then permitting a parallel police inquiry into the “honesty” of a

    federal investigator’s statutory statement results in a “Manifest

    Absurdity.” Such an approach would sanction a “Roving and Fishing

    Inquiry” by one investigative agency into the methodology of another,

    thereby precipitating an intolerable “Collision of Jurisdictions” and

    reducing the “Judicial Filter” to a mere dead letter.

    7.3.7. Invoking the precedential imperative established in M.S. Ahlawat v.

    State of Haryana [(2000) 1 SCC 278], this Court must reiterate that the

    provisions of Section 195 are mandatory and admit of no “go-by” by any

    court, much less an investigative agency. By registering an FIR at the

    instance of a private individual for offences under Sections 193 and 196 of

    the IPC, the State Police has effectively executed an unauthorized

    “Jurisdictional Overstep,” bypassing the Special CBI Court which remains

    the solitary authority competent to determine if its own proceedings were

    being tainted by fabricated evidence. The statutory requirement of a

    “complaint in writing” by the Court is a Non-Negotiable Jurisdictional Fact;

    to permit a police investigation to proceed without such a trigger is to

    sanction a “Procedural Shortcut” that the law expressly forbids as a

    matter of public policy.

    7.3.8. Arriving at a point of jurisdictional finality, this Court finds that the

    offences alleged under Sections 193, 195, and 196 of the IPC fall squarely
    37 CRR 2164 of 2022

    within the “Prohibitive Orbit” of Section 195(1)(b)(i) of the Code. The

    State Police cannot be permitted to masquerade as a “Supervisory Body”

    over the investigative records of the CBI when those very records are

    destined for the exclusive and sovereign scrutiny of a Special Court. To

    hold otherwise would be to sanction an “Executive Encroachment,”

    allowing a collateral attack on the integrity of a federal probe and

    subverting the “Judicial Filter” which the Legislature has specifically

    enacted as a bulwark against the harassment of officers and witnesses in

    relation to court proceedings.

    7.3.9. Invoking the precedential imperative of State of Haryana v. Bhajan

    Lal [1992 Supp (1) SCC 335], specifically the mandates of Category (6)

    thereof, this Court finds its application to the present factual matrix to be

    both direct and irresistible. The Hon’ble Supreme Court has unequivocally

    decreed that where an express legal bar is engrafted within the provisions

    of the Code against the institution and continuance of a proceeding, this

    Court cannot remain a “Silent Spectator.” To permit an investigation that

    is legally destined for a “Jurisdictional Dead-End” due to a lack of

    competence would be to sanction a “Manifest Abuse of Process.” The

    inherent powers under Section 482 of the Code are designed precisely for

    such exigencies: to truncate a proceeding that, on its very face, offends a

    statutory prohibition and constitutes an exercise in futility.

    7.3.10. Pronouncing a definitive order upon the jurisdictional competence

    of the State, this Court holds that the registration of an FIR for offences

    hit by the statutory bar of Section 195 of the Code is legally
    38 CRR 2164 of 2022

    impermissible, structurally unsustainable, and void ab initio. The

    mandatory “Judicial Filter” is a non-negotiable legislative command that

    cannot be bypassed through the artifice of a private FIR. Any parallel

    inquiry by the State Police into the veracity of statements intended for the

    exclusive consideration of a Special Court constitutes a “Jurisdictional

    Overreach” that this Court, in the exercise of its inherent powers, is duty-

    bound to truncate. To permit such an investigation to persist would be to

    sanction a “Legal Nullity” and a manifest abuse of the process of law.

    Question No. 3 is, accordingly, answered in the AFFIRMATIVE, against the

    State and in favour of the Petitioners.

    7.4. The “Cognizability” of Section 195A IPC and the

    “Jurisdictional Hook”

    7.4.1. Directing our attention to the procedural architecture of the

    complaint, the Court must now scrutinize whether the strategic invocation

    of Section 195A of the Indian Penal Code, rendered cognizable by the

    2005 Amendment, functions as a legitimate “Jurisdictional Gateway” for

    the State Police to investigate the conduct of federal officers. This

    determination would hinge on whether the “cognizable” status of an

    offence possesses the legal gravitas to override the mandatory statutory

    and institutional “Shields” previously discussed. The crux of this inquiry is

    to discern if a mere procedural classification in the First Schedule can, by

    some legal alchemy, extinguish the substantive protections of Section 197

    of the Code, or whether such an inclusion is a “Procedural Artifice”

    specifically designed to bypass the executive filter of prior sanction.

    39 CRR 2164 of 2022

    7.4.2. Advancing a spirited defence of the investigative process, the

    learned Counsel for the State, in concert with the De-facto Complainant,

    draws an aggressive jurisprudential pivot toward the recent

    pronouncement of the Hon’ble Supreme Court in State of Kerala v. Sunil

    (supra). They contended with considerable vehemence that Section 195A

    stands as an autonomous, standalone, and cognizable edifice, specifically

    forged as a remedial instrument to insulate witnesses from the peril of

    intimidation. The essence of their submission is that because this specific

    provision bypasses the “Judicial Filter” of a Court-initiated complaint

    under Section 195(1)(b) of the Code, the State Police is not merely

    empowered, but constitutionally obligated, to register an FIR and embark

    upon an unfettered investigation into the alleged threats issued within the

    high-security precincts of Nizam Palace.

    7.4.3. Mounting a formidable rebuttal to this procedural expansionism,

    Mr. Mondal, appearing for the Petitioners, cautions this Court against the

    “Strategic Dilution” of Section 197 through the “Backdoor Entry” of

    Section 195A. He argues with compelling clarity that the “Cognizability” of

    an offence and the “Statutory Immunity” of a public servant acting ex

    virtute officii are not mutually exclusive, but rather occupy distinct legal

    hemispheres. The core of his contention is that the State’s reliance on the

    2005 Amendment is a “Jurisdictional Crowbar,” a calculated attempt to

    pry open an investigation that the law has otherwise double-locked

    behind the requirement of prior sanction. The Petitioners maintain that

    the procedural classification of a crime can never be permitted to serve as
    40 CRR 2164 of 2022

    a “Colourable Tool” to dismantle the substantive protections afforded to

    federal officers under the Code.

    7.4.4. Subjecting the ratio in Sunil (supra) to a rigorous contextual

    deconstruction, this Court finds that while the Hon’ble Supreme Court has

    indeed expanded the remedial horizons for a threatened witness, the

    State’s reliance upon it is fundamentally misplaced through a failure of

    categorical application. In the said case, the Apex Court clarified that a

    witness who is intimidated need not remain a hostage to the procedural

    delays of a Court-filed complaint under Section 340 of the Code. However,

    a seminal distinction, often overlooked in the heat of argument, must be

    drawn from the Sunil‘s case pertained to the conduct of a private

    individual attempting to subvert the course of justice. It did not

    contemplate, nor can it be judicially stretched to govern, the actions of a

    public servant engaged in a statutory interrogation under a federal

    mandate. The “Remedial Right” of a witness to report a crime cannot be

    conflated with the “Investigative Power” of the State to bypass the

    jurisdictional barriers of Section 197.

    7.4.5. Establishing a rigorous jurisprudential segregation, this Court holds

    that the “Cognizability” of an offence and the “Statutory Requirement of

    Sanction” occupy two distinct and non-overlapping legal spheres. The

    former is a mere procedural classification under the First Schedule of the

    Code, which delineates the power of the police to arrest without a

    warrant; it does not, however, possess the legal alchemy to transmute a

    protected official act into an unprotected criminal one. Applying this logic
    41 CRR 2164 of 2022

    to the factual matrix at hand, the alleged “threat” namely, the cautionary

    intimation regarding the potential legal consequences for the

    complainant’s family, transpired during a formal examination under

    Section 161 of the Code. In the high-stakes and often adversarial

    environment of a federal investigation, an officer’s duty to explain the

    gravity of being an accessory to a crime may be subjectively perceived as

    “intimidation.” However, such communication, performed within the four

    corners of a statutory interrogation, remains an act performed ex virtute

    officii and cannot be stripped of its immunity by the simple application of

    a “cognizable” label.

    7.4.6. Envisaging the systemic repercussions of the State’s contention,

    this Court must emphasize that to allow a subjective perception of

    “intimidation” to trigger a Section 195A investigation would be to

    effectively dismantle the institutional autonomy of the Central Bureau of

    Investigation. Such a precedent would invite the “Weaponization of

    Procedural Labels,” subjecting every federal investigator to the looming

    shadow of “Retaliatory Prosecution” by the very subjects of their scrutiny.

    The State cannot be permitted to wield the cognizable nature of one penal

    section as a “Jurisdictional Crowbar” to forcibly pry open an inquiry into

    acts that are otherwise double-locked by the statutory mandate of

    sanction. While the 2005 Amendment may indeed bypass the “Judicial

    Filter” of Section 195, it remains legally impotent to breach the “Executive

    Filter” of Section 197, which stands as a constitutional sentry over the

    official discharge of duties.

    42 CRR 2164 of 2022

    7.4.7. Culminating this inquiry into the procedural manoeuvrings of the

    State, this Court finds that the absence of prior sanction from the Central

    Government remains an insurmountable jurisdictional barrier. The

    “Cognizable” label attached to Section 195A of the IPC is legally incapable

    of acting as a “Jurisdictional Solvent” to dissolve the mandatory

    protections afforded to acts performed during an official federal

    investigation. To hold otherwise would be to allow a “Procedural Artifice”

    to override a substantive statutory mandate, thereby striking at the very

    root of the legal order. The inclusion of this specific section in the FIR,

    while strategically clever, fails to cure the fundamental defect of

    jurisdiction that plagues the entirety of the State‘s case. Question No. 4

    is, accordingly, answered in the negative, against the State and in favour

    of the Petitioners.

    7.5 The “Forgery Paradox” and the Bhajan Lal Test of Inherent

    Improbability

    7.5.1. Moving to the substantive merits of the accusations, this Court is

    now called upon to apply a “Logical Filter” to the four corners of the FIR to

    determine whether the narrative propounded by the De-facto

    Complainant survives the rigorous test of Inherent Probability. This

    inquiry does not necessitate a premature appreciation of evidence, but

    rather a structural examination of whether the allegations, even when

    taken as an uncontroverted whole, offend the basic tenets of human

    conduct to such a degree that they qualify as “Manifestly Absurd” under

    Category 3 of the Bhajan Lal guidelines. The core of this determination
    43 CRR 2164 of 2022

    lies in whether the story of a “forced forgery” that resulted in no forged

    document is a credible grievance or a factual impossibility that defies the

    very nature of a criminal transaction.

    7.5.2. Assailing the Petitioners’ prayer for quashing, the learned Counsel

    for the State, in conjunction with the De-facto Complainant, urges this

    Court to exercise extreme judicial circumspection. Placing heavy reliance

    upon the principles enunciated in CBI v. Aryan Singh [supra] and M/S

    Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra (supra), they

    contend that the High Court, while exercising its inherent jurisdiction, is

    strictly prohibited from venturing into a “mini-trial.” The essence of their

    argument is that the veracity or the alleged “improbability” of a complaint

    is a matter of evidence to be tested during the trial, and not at the

    threshold of a Section 482 petition. They maintain that as long as the FIR,

    on its face, alleges a cognizable offence, the statutory duty of the police

    to investigate remains sacrosanct and should not be “scuttled” by judicial

    intervention.

    7.5.3. In sharp contrast to the State’s plea for judicial restraint, Mr.

    Mondal, appearing for the Petitioners, invites this Court’s scrutiny into the

    profound “Internal Contradictions” that permeate the narrative of the De-

    facto Complainant. He argues with considerable cogency that the story of

    a “forced forgery,” wherein the Complainant was purportedly coerced into

    signing fabricated documents, yet simultaneously managed to maintain a

    steadfast refusal and was ultimately released without executing any

    incriminating statement, is a “Logical Mirage” that falls squarely within the
    44 CRR 2164 of 2022

    prohibited ambit of Category 3 of State of Haryana v. Bhajan Lal (Supra).

    The Petitioners maintain that where the foundational allegations are so

    “transparently hollow” and “inherently improbable” that they offend the

    basic tenets of human logic, the High Court is not only empowered but is

    duty-bound to exercise its inherent powers to prevent the criminal

    process from being reduced to a farce.

    7.5.4. In evaluating these competing contentions, this Court remains

    acutely cognizant of the restrictive parameters delineated in M/S

    Neeharika Infrastructure (supra), which caution against the premature

    stifling of a legitimate investigative process. However, the mandate of the

    Hon’ble Supreme Court has never been to reduce the High Court to a

    state of judicial myopia, nor has it ever suggested that the Court must

    shut its eyes to “patent absurdities” or “inherent improbabilities”

    presented under the guise of an FIR. While a “mini-trial” is undeniably

    prohibited, a “judicial filter” is fundamentally required. The inherent

    power of this Court is the ultimate safeguard against the weaponization of

    the criminal process, and it must be invoked precisely when the narrative

    of the prosecution, even if uncontroverted, offends the very principles of

    human logic and common sense.

    7.5.5. While not explicitly brought to the attention of this Court by the

    learned Counsel for either party, I find the ratio in Shafiya Khan v. State

    of U.P. [(2022) 4 SCC 549] and Ramesh Chandra Gupta v. State of U.P.

    [2022 SCC OnLine SC 1634] to be of profound relevance and authoritative

    guidance. These precedents clarify that the High Court’s inherent power is
    45 CRR 2164 of 2022

    not a dormant jurisdiction but a vibrant one, designed to ensure that the

    criminal justice system is not utilized as a theatre for “extravagant” or

    “internally inconsistent” narratives that defy basic human logic. Where a

    complaint is found to be constructed upon a foundation of factual

    impossibilities, the Court is not only empowered but is duty-bound to

    intervene. To hold otherwise would be to allow the investigative

    machinery to be set in motion upon a story that, even if uncontroverted,

    is fundamentally incapable of sustaining a conviction in any court of law.

    7.5.6. Upon a microscopic and clinical reading of the FIR, this Court

    encounters what can only be described as a “Forgery Paradox,” a

    narrative that systematically dismantles its own foundational allegations.

    The De-facto Complainant’s story is constructed upon three irreconcilable

    pillars of factual impossibility:

    (i) first, he alleges being shown “fabricated photographs and

    bills” under severe threat and coercion to implicate third

    parties;

    (ii) in the very next breath, he asserts a “clear denial” and a

    successful “refusal to sign” any statement or document;

    and

    (iii) finally, he admits to being permitted to depart from the

    precincts of Nizam Palace at 06:40 PM without having

    executed any incriminating instrument.

    This sequence of events presents a glaring logical void; it

    suggests a scenario where a high-stakes, “coercive”

    46 CRR 2164 of 2022

    interrogation by federal officers, purportedly involving

    forgery and threats, concluded with the “coerced” party

    simply walking away, unyielding and empty-handed, with

    no forged document ever having been created, signed,

    or recovered.

    7.5.7. Translating this factual void into the language of the Penal Code, it

    becomes patently clear that if the purported “coercion” and “threats”

    yielded no signature, and if no “fabricated document” was actually planted

    upon or recovered from the De-facto Complainant, the essential

    ingredients of Section 467 IPC (Forgery of valuable security) or Section

    193 IPC (Fabrication of evidence) simply do not exist in either the

    physical or legal realm. The criminal law of this land does not contemplate

    the punishment of an “unsuccessful attempt to persuade a witness” under

    the specific and severe penal sections invoked herein. A charge of forgery

    without a forged instrument is a legal oxymoron; it is a story of logical

    self-defeat that fails to cross the threshold of a prima facie case. To allow

    a prosecution to proceed on such a basis would be to sanction the trial of

    a “ghost allegation” that has no anchor in the material facts of the case.

    7.5.8. In light of the aforementioned logical void, this Court finds that the

    ratio in CBI v. Aryan Singh (supra), which was vehemently pressed into

    service by the State, finds no fertile ground for application in the present

    factual matrix. While the Hon’ble Supreme Court in Aryan Singh cautioned

    against a “mini-trial” where a prima facie case exists, it did not mandate

    judicial acquiescence in the face of a self-destructive narrative. In the
    47 CRR 2164 of 2022

    instant case, the Court is not required to weigh the evidence of the

    defence against the prosecution; rather, the Complainant’s own story acts

    as a “Legal Harakiri,” destroying the very possibility of the offence ever

    having occurred. When the foundational facts of a complaint are so

    internally corrosive that they dissolve the legal charge of “forgery” at its

    very inception, the mandate of Aryan Singh to proceed to trial becomes

    an exercise in futility, for there is no “triable issue” left to adjudicate.

    7.5.9. In view of the foregoing, this Court finds that the allegations fall

    squarely and inescapably within the prohibited ambit of Category 3 of

    Bhajan Lal, “Where the uncontroverted allegations made in the FIR… are

    so absurd and inherently improbable that no prudent person can ever

    reach a just conclusion that there is sufficient ground for proceeding

    against the accused.” To permit the state machinery to persist with an

    investigation into a “forgery” that the Complainant himself admits to have

    successfully resisted, and which has notably failed to produce a single

    shred of documentary evidence, would be to sanction a “fishing and

    roving inquiry” into the internal operations of a federal agency under the

    thin veil of criminal law. This Court cannot remain a passive observer to a

    proceeding that lacks a prima facie pulse; to do so would be to allow the

    criminal process to be utilized not as a shield for the victim, but as a

    sword against the investigator.

    7.5.10. In the final analysis, the allegations contained in the impugned

    FIR are found to be internally contradictory, logically inconsistent, and

    inherently improbable to the point of being legally non-existent. They fail
    48 CRR 2164 of 2022

    to meet even the most liberal threshold of a prima facie case and instead

    present a narrative that is fundamentally at odds with the natural course

    of human conduct. To compel the Petitioners to undergo the rigors of a

    criminal trial based on a “forgery” that, by the Complainant’s own

    admission, never reached fruition, would be to sanction a gross

    perversion of the judicial process. This Court, therefore, finds that the

    continuation of such a proceeding would be an exercise in futility and a

    direct affront to the ends of justice. Question No. 5 is, accordingly,

    answered in the affirmative in favour of the Petitioners.

    7.6. The “Counter-Blast” Theory and Manifest Malice

    7.6.1. The final and perhaps most consequential question that falls for

    determination before this Court is whether the impugned FIR, when

    viewed through the critical prism of its strategic timing, the jurisdictional

    anomaly of its registration, and the highly sensitive backdrop of the court-

    monitored “Coal Scam” investigation, constitutes a “Counter-Strike” or a

    “Counter-Blast.” This Court is tasked with adjudicating whether the

    criminal machinery of the State has been set in motion to vindicate a

    genuine grievance, or whether it has been pre-meditatedly deployed as a

    tactical strike designed to obstruct the due process of justice and derail a

    national-level probe. The pivot of this inquiry is to discern if the legal

    process is being weaponized to create a “Litigation Shield” for those

    currently under the investigative scanner of a federal agency.

    7.6.2. The learned Counsel for the Petitioners, in a spirited challenge,

    contends that the impugned FIR is a “textbook example” of Category 7 of
    49 CRR 2164 of 2022

    the celebrated guidelines enunciated in State of Haryana v. Bhajan Lal

    (supra). It is argued with considerable force that the criminal proceeding

    is manifestly attended with mala fide and has been maliciously instituted

    with the ulterior motive of wreaking vengeance upon the Investigating

    Officer for his role in a sensitive federal probe. Mr. Mondal, appearing for

    the Petitioners, points to the “legalistic and precisely drafted” nature of

    the complaint, replete with the technical nomenclature of the Indian Penal

    Code, and the inexplicable choice of a distant, remote police station as

    incontrovertible evidence of a pre-planned, “engineered” conspiracy to

    harass the federal IO and, by extension, to cripple the CBI’s institutional

    mandate.

    7.6.3. Countervailing the Petitioners’ stance, the learned Counsel for the

    State, in conjunction with the De-facto Complainant, submits that the

    existence of “malice” or “ulterior motive” is essentially a question of fact

    that cannot be adjudicated at the threshold, but must be left to the rigors

    of a full-fledged trial. Drawing sustenance from the ratio in M/S Neeharika

    Infrastructure Pvt. Ltd. v. State of Maharashtra (supra), they argue that

    this Court, in its inherent jurisdiction, is precluded from quashing an FIR

    on the mere plea of a “counter-blast.” The State maintains that the police

    are under a mandatory statutory obligation to investigate every

    cognizable complaint which, on its face, discloses the commission of an

    offence, and any judicial interference at this nascent stage would amount

    to a premature stifling of a legitimate criminal process.

    50 CRR 2164 of 2022

    7.6.4. While this Court is acutely cognizant of the general rule that

    “malice” or “ulterior motive” alone, however pervasive, may not

    constitute a sufficient ground for quashing a criminal proceeding if the

    allegations ex facie disclose a cognizable offence, the law is equally

    emphatic that the High Court cannot remain a mute spectator to a series

    of “procedural red flags.” Where the cumulative effect of the surrounding

    circumstances points to a patent abuse of the process of law, the Court is

    not only empowered but is duty-bound to pierce the veil of the complaint.

    The inherent power under Section 482 of the Code is designed precisely

    for such exigencies, to ensure that the criminal justice system is not

    reduced to a tool of administrative obstruction or private vengeance

    under the garb of a statutory investigation.

    7.6.5. In this regard, while not explicitly cited by the Bar, I find the ratio

    in State of Karnataka v. L. Muniswamy [(1977) 2 SCC 699] and the more

    recent observations in Salib @ Shalu @ Salim v. State of U.P. [2023 SCC

    OnLine SC 947] to be of profound relevance. The Hon’ble Supreme Court

    has consistently held that the High Court, while exercising its inherent

    powers, must look at the “entirety of the circumstances” to discern

    whether the criminal justice system is being utilized as a weapon of

    harassment or a tool of administrative obstruction. If the “whole of the

    matter” reveals that a proceeding is being carried on for an ulterior

    motive or to satisfy a private grudge, the ends of justice would be poorly

    served by allowing the investigative machinery to continue its course. In

    the present matrix, this Court is compelled to examine the “Counter-

    51 CRR 2164 of 2022

    Blast” theory not as a mere defence of the accused, but as a discernible

    reality emerging from the chronological and geographical anomalies of the

    complaint itself.

    7.6.6. In the backdrop of these settled legal postulations, the task before

    this Court is to determine whether the “Counter-Blast” asserted by the

    Petitioners is a mere speculative defence or a discernible reality etched

    into the very face of the record. To reach a just conclusion, one must look

    beyond the sterile text of the FIR and examine the “Environment of the

    Litigation.” It is the duty of the High Court to scrutinize whether the

    criminal machinery has been set in motion as a bona fide pursuit of

    justice or as a tactical manoeuvre to create an “Inter-Agency Friction”

    intended to dampen the morale of a federal officer. Consequently, I shall

    now proceed to examine the specific factual indicators, the “Procedural

    Red Flags,” which, in the opinion of this Court, strip the impugned FIR of

    its veneer of legitimacy.

    7.6.7. Upon a clinical analysis of the record, this Court finds three specific

    and converging factors that lead to the inescapable conclusion of manifest

    malice. These “procedural red flags” are not merely incidental but are

    indicative of a pre-meditated design to obstruct the federal mandate:

    a. It is an undisputed fact that the “place of occurrence” for the

    alleged threats and coercion was Nizam Palace, situated in

    the heart of Kolkata and falling squarely within the

    jurisdiction of the Bhowanipore Police Station. Yet, the De-

    facto Complainant chose to travel a significant distance,
    52 CRR 2164 of 2022

    bypassing several intermediary police stations, to register

    the FIR at Bishnupur P.S. in the South 24 Parganas district.

    This Court finds that no plausible or rational explanation has

    been offered for this blatant exercise in “forum shopping.”

    Such a deliberate selection of a distant jurisdiction is a

    classic hallmark of a “controlled” prosecution, designed to

    cause maximum procedural harassment to the federal

    officers.

    b. While a one-day delay in lodging an FIR is not always fatal, it

    assumes a sinister character when viewed in the context of

    an alleged “threat to life” and “forgery” involving high-

    ranking federal investigators. A person truly in “perpetual

    fear” for his nine-month-old infant would, in the natural

    course of human conduct, seek immediate redress at the

    nearest available precinct. Instead, the complainant waited

    twenty-four hours to produce a “legally perfected and

    precisely drafted” document. The sophisticated use of penal

    nomenclature and the meticulous structuring of the narrative

    suggest that the complaint was not a spontaneous outburst

    of a victim, but a “calculated afterthought” engineered with

    legal assistance to fit specific criminal categories.

    c. Perhaps most significantly, the FIR was lodged as an

    immediate reaction to the complainant being summoned and

    examined in a highly sensitive, court-monitored, multi-crore
    53 CRR 2164 of 2022

    political scam. The initial inclusion and subsequent deletion

    of the Prevention of Corruption Act reveals an over-

    exuberant intent to characterize the Investigating Officer’s

    routine interrogation as a “non-bailable” criminal enterprise.

    This sequence of events leaves no doubt in the mind of

    this Court that the FIR was intended to act as a

    “Litigation Shield,” aimed at decapitating the federal

    probe by criminalizing its lead investigators.

    7.6.8. Furthermore, this Court finds that the facts of the present case are

    starkly distinguishable from the ratio in CBI v. Aryan Singh [2023 (18)

    SCC 399], which was pressed into service by the learned Counsel for the

    State. In the Aryan Singh matter, the allegations were substantive,

    involving a clear and present criminal act that necessitated a trial.

    Conversely, in the instant case, the “Counter-Blast” is not a mere

    speculative allegation raised by the Petitioners as a defense; rather, it is a

    discernible and documented reality emerging from the very face of the

    record. The chronological proximity between the complainant’s

    examination in the “Coal Scam” and the lodging of this FIR at a distant

    jurisdiction creates a nexus of malice that is too pervasive to be ignored.

    Unlike a routine criminal case where “malice” is a latent question of fact,

    the malice here is patent and manifest, rendering any further

    investigation a futility in law.

    7.6.9. It is the considered view of this Court that the impugned FIR

    represents a transparent attempt to provide a “Litigation Shield” to an
    54 CRR 2164 of 2022

    individual already under the investigative scanner of a federal agency. To

    permit such a proceeding to continue would be to sanction a dangerous

    precedent where every high-profile accused, or even a recalcitrant

    witness, could effectively paralyze a CBI investigation by simply

    orchestrating a parallel, retaliatory FIR in a remote police station. Such a

    practice would have a “chilling effect” on the independence and

    fearlessness of investigative agencies, rendering them vulnerable to

    administrative and political sabotage under the guise of local police

    inquiries. This case, therefore, falls squarely within the restorative ambit

    of Category 7 of the Bhajan Lal guidelines, as it is a manifest abuse of the

    process of law, instituted with the singular and ulterior motive of

    obstructing a national investigation of immense public importance.

    7.6.10. The cumulative effect of the geographical anomalies, the temporal

    delay, the sophisticated legal tailoring of the complaint, and the high-

    stakes institutional context leads this Court to a singular and inescapable

    conclusion that the impugned FIR is a manifest abuse of the process of

    law. It has been maliciously instituted with the ulterior motive of wreaking

    vengeance upon a federal Investigating Officer and to obstruct a sensitive

    investigation of national importance. To allow such a proceeding to

    continue would be to permit the criminal justice system to be hijacked by

    those seeking to create a “Procedural Veto” against the rule of law. This

    case falls squarely within the restorative ambit of Category 7 of the

    Bhajan Lal guidelines, warranting the immediate and total intervention of
    55 CRR 2164 of 2022

    this Court to prevent a grave miscarriage of justice. Question No. 6 is,

    accordingly, answered in the AFFIRMATIVE in favour of the Petitioners.

    8. CONCLUSIONS AND SUMMARY OF FINDINGS

    8.1. On a cumulative assessment of the discussions held in respect of

    questions 1 to 6, this Court arrives at the following inescapable

    conclusions:

    I. The preliminary objection regarding locus standi is rejected.

    Petitioner No. 1 (CBI) is an “aggrieved person” as the

    impugned FIR targets its institutional integrity and the

    legality of its core investigative processes at Nizam Palace.

    II. The acts complained of summoning and examining a witness

    possess an “inseparable nexus” with official duty. The failure

    of the State Police to obtain prior sanction under Section 197

    Cr.P.C. at the threshold renders the registration of the FIR a

    manifest illegality.

    III. The allegations pertaining to the “fabrication of evidence”

    (Sec. 193, 195, 196 IPC) are hit by the absolute statutory

    embargo of Section 195(1)(b)(i) Cr.P.C., as they relate to

    proceedings destined for a Special Court.

    IV. The “Forgery Paradox” in the complainant’s narrative, alleging

    coercion to sign while simultaneously admitting a successful

    refusal and subsequent release, renders the FIR “inherently

    improbable” under Category 3 of Bhajan Lal.

    56 CRR 2164 of 2022

    V. The choice of a distant jurisdiction (Bishnupur), the timing of

    the complaint, and the one-day delay collectively establish

    that the FIR is a “Counter-Blast” designed to intimidate

    federal officers and derail the Coal Scam probe.

    9. THE RATIO DECIDENDI (The Points of Law)

    9.1. The legal principles emanating from this discussion, which govern the

    resolution of this case, are as follows:

    a) On the “Nexus Test” for Investigation, the protection under

    Section 197 Cr.P.C. is not restricted to the lawful discharge of

    duty but extends to any act committed under the colour of

    office. Allegations of “excess” or “high-handedness” during a

    statutory interrogation do not strip an officer of this

    protection; rather, they reinforce the necessity of a prior

    sanction to prevent “investigative sabotage.”

    b) On the institutional Locus Standi, a federal investigating

    agency has the locus standi to challenge a state-registered

    FIR when that FIR criminalizes the agency’s internal, statutory

    investigative procedures, as such an FIR constitutes a direct

    interference with the “Institutional Autonomy” of the agency.

    c) On the Supremacy of the “Judicial Filter,” the mandatory bar

    under Section 195(1)(b)(i) Cr.P.C. cannot be bypassed by a

    private individual filing an FIR. When an offence affects the

    administration of justice in a Court, only that Court has the

    jurisdiction to initiate prosecution.

    57 CRR 2164 of 2022

    d) On the limits of Cognizability (Section 195A), the fact that an

    offence is “cognizable” (such as threatening a witness) does

    not serve as a “jurisdictional hook” to override the

    requirement of prior executive sanction for public servants

    under Section 197 Cr.P.C.

    10. CONSEQUENTIAL ORDER AND FINAL DIRECTIONS

    10.1. In view of the detailed findings as recorded in the preceding

    paragraphs, and for the reasons set forth therein, this Court concludes

    that the continuation of the criminal proceedings against the Petitioners is

    not only legally unsustainable but also detrimental to the administration

    of justice. Therefore, the present Criminal Revisional Application being

    CRR 2164 of 2022 is allowed on the following directions:

    i. The Bishnupur Police Station Case No. 361 of 2022 dated

    27.05.2022, registered under Sections 120B, 193, 195, 195A,

    196, 465, 467, 468, 471, 506(ii), and 34 of the Indian Penal

    Code, along with all consequential proceedings, including any

    charge-sheet, summons, or warrants emanating therefrom, are

    hereby quashed and set aside in its entirety as against all the

    Petitioners and “unknown officials” named therein.

    ii. All investigative steps taken by the State Police, including but

    not limited to the recording of statements, collection of

    documents, or any forensic analysis conducted in connection

    with the said FIR, are hereby declared null and void.

    58 CRR 2164 of 2022

    iii. The State Police is directed to immediately cease any ongoing

    inquiry or surveillance related to this matter.

    iv. Any documents, digital devices, or personal records belonging to

    the Petitioners or Petitioner No. 1 (CBI) that may have been

    seized or obtained during the pendency of the investigation shall

    be returned to the office of the Additional Superintendent of

    Police, CBI (Petitioner No. 2) at Nizam Palace within seven (7)

    days from the date of this order.

    v. The interim order of stay granted by this Court on 29.06.2022,

    and subsequently extended from time to time, has served its

    purpose in protecting the Petitioners from coercive action during

    the pendency of this litigation, is hereby vacated.

    vi. All pending applications connected with this Revisional

    Application, if any, shall stand disposed of in terms of this order.

    vii. Petitioner No. 2 and the team of officers at Petitioner No. 1

    (CBI) are directed to proceed with the investigation into the

    “Coal Scam” (RC0102020A0022) with full professional rigor and

    independence, without any apprehension of retaliatory

    prosecution or state interference.

    viii. The State of West Bengal and its police machinery are directed

    to ensure that federal investigators are allowed to discharge

    their statutory duties at Nizam Palace in an environment free

    from “Counter-Blast” litigations.

    59 CRR 2164 of 2022

    ix. The Officer-in-Charge of Bishnupur Police Station is directed to

    transmit a copy of this judgment and the closed case file to the

    Learned Special Judge, CBI Court, for the purpose of the Court’s

    record, ensuring that no further proceedings are entertained in

    relation to the quashed FIR.

    x. This Court finds no reason to impose costs, as the primary

    objective is the preservation of the rule of law and the

    prevention of the abuse of the process of the Court.

    xi. Let a copy of this judgment be communicated to the Director

    General of Police, West Bengal, and the Head of Branch, CBI,

    Kolkata, for immediate compliance with the directions contained

    herein.

    10.2. CRAN 15 of 2026 is also disposed of accordingly.

    10.3. The Trial Court Record (TCR), if any, shall be sent down to the Trial

    Court, at once.

    10.4. Case diary, if any, be returned forthwith.

    10.5. The judgment is delivered.

    10.6. Urgent Photostat certified copy of this judgment, if applied for, be

    given to the parties, as expeditiously as possible, upon compliance with

    the necessary formalities in this regard.

    (Uday Kumar, J.)



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