Neutral Citation No. - 2024:AHC-LKO:1901 Court No. - 27
Case :- APPLICATION U/S 482 No. - 5609 of 2019 Applicant :- Mahesh Pratap
Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Digvijai Singh,Abhai Kumar Singh,Kailash Chandra,Nashi Khan,Shadab Haider Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Satya Prakash Mishra, the learned counsel for the applicant, Sri Akhilesh Kumar Das, the learned AGA for the State and perused the record.
2. By means of the instant application under Section 482 Cr.P.C., the applicant has sought quashing of the charge sheet No. 1/2013, dated 15.02.2013 arising out of N.C.R. No. 106 of 2009, under Sections 201, 204 IPC, Police Station Wazeerganj (E.O.W.), District Lucknow pending in the Court of Special Judicial Magistrate, CBCID, Court No. 43, Lucknow as well as summoning order dated 10.04.2013 in Case No. 542 of 2013.
3. A non cognizable report was lodged on 14.07.2009 for commission of offence under Section 204 IPC alleging that certain illegalities were committed in purchase of cotton bandage and gauze etc. for primary health centres. It is alleged that the applicant was posted as a clerk. He was given charge of the aforesaid post in the year 1992 and in the year 1993, the file was available with the applicant but subsequently, the file went missing.
4. The learned counsel for the applicant has submitted that a disciplinary proceeding was initiated against the applicant on similar allegations, which culminated into an inquiry report dated 26.04.2010 wherein it was found that there was no evidence that the file in question was available with the applicant and he has removed the documents.
5. A second inquiry was also instituted on the same set of allegations and in the inquiry report dated 09.02.2016 and in the second inquiry report, it was concluded that there was no evidence that the file in question was available with the applicant or that he has dealt with the file or he has knowingly
1
removed the documents.
6. The learned counsel for the applicant has submitted that when the applicant has been exonerated in the disciplinary proceeding, continuance of criminal proceedings on the same set of charges is not permissible under law. In support of his submission he has relied upon a judgment of Hon'ble Supreme Court in the case of Ashoo Surendranath Tewari v. Deputy Superintendent of Police, EOW, CBI & Anr.: (2020) 9 SCC 636, wherein the Hon'ble Supreme Court has summarized law in this regard in the following words:-
"38. The ratio which can be culled out from these decisions can broadly be stated as follows:
(i) Adjudication proceedings and criminal prosecution can be launched simultaneously;
(ii) Decision in adjudication proceedings is not necessary before initiating criminal prosecution;
(iii) Adjudication proceedings and criminal proceedings are independent in nature to each other;
(iv) The finding against the person facing prosecution in the adjudication proceedings is not binding on the proceeding for criminal prosecution;
(v) Adjudication proceedings by the Enforcement Directorate is not prosecution by a competent court of law to attract the provisions of Article 20(2) of the Constitution or Section 300 of the Code of Criminal Procedure;
(vi) The finding in the adjudication proceedings in favour of the person facing trial for identical violation will depend upon the nature of finding. If the exoneration in adjudication proceedings is on technical ground and not on merit, prosecution may continue; and
(vii) In case of exoneration, however, on merits where the allegation is found to be not sustainable at all and the person held innocent, criminal prosecution on the same set of facts and circumstances cannot be allowed to continue, the underlying principle being the higher standard of proof in criminal cases."
7. As the applicant has already been exonerated twice in detailed disciplinary inquiry on the basis of same allegations, there is no justification in continuance of criminal proceedings against him on charges from which he has already been exonerated in disciplinary proceedings.
8. Accordingly, the application is allowed.
2
9. The charge sheet No. 1/2013, dated 15.02.2013 arising out of N.C.R. No. 106 of 2009, under Sections 201, 204 IPC, Police Station Wazeerganj (E.O.W.), District Lucknow pending in the Court of Special Judicial Magistrate, CBCID, Court No. 43, Lucknow as well as summoning order dated 10.04.2013 in Case No. 542 of 2013 are hereby quashed.
Order Date :- 8.1.2024 Pradeep/-
3