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M. NAGAPRASANNA
Attar Mohammad Shafiullah @ A. Shafiullah, S/o. Late Mr. Abdul Nabi – Appellant
Versus
Central Bureau Of Investigation Anti-Corruption Branch, Represented By Special Public Prosecutor, for CBI Cases, High Court Of Karnataka – Respondent
| Table of Content |
|---|
| 1. petitioner accused of corruption via bribe demand. (Para 1 , 3 , 8) |
| 2. arguments concerning departmental exoneration vs criminal charges. (Para 5 , 6) |
| 3. legal standards of proof differentiate departmental and criminal proceedings. (Para 12 , 13 , 14) |
| 4. court quashes ongoing proceedings based on exoneration. (Para 17) |
ORDER :
(M. Nagaprasanna, J.) :
The petitioner/accused is before this Court calling in question proceedings in Special C.C.No.850 of 2018 pending before the XXI Additional City Civil and Sessions Judge and Principal Special Judge for CBI Cases, Bangalore arising out of charge sheet No.19 dated 27.11.2018 registered for offences punishable under Section 120B of the IPC and Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 (‘the Act’ for short).
2. Heard Sri K.N.Phanindra, learned senior counsel appearing for the petitioner and Sri P.Prasanna Kumar, learned Special Public Prosecutor appearing for the respondent.
3. Facts, in brief, germane are as follows:-
The petitioner is an officer in the rank of Superintendent of Customs posted at Kempegowda International Airport at the relevant point in time. It is the case of the prosecution th
The court ruled that if a petitioner is exonerated in a departmental inquiry on merit, the same allegations cannot be prosecuted further in criminal proceedings due to the higher standard of proof re....
If the exoneration in the departmental proceedings is on merits and the allegations are found to be not sustainable, the criminal prosecution on the same set of facts cannot be allowed to continue.
Point of law : If allegations in the departmental inquiry could not be proved on merit and the person is held to be innocent, criminal prosecution on the said facts cannot be permitted to be continue....
Exoneration in departmental proceedings does not automatically quash criminal proceedings, which must be determined based on evidence in court.
Exoneration in departmental proceedings does not automatically lead to dismissal of criminal charges; higher standard of proof applies in criminal cases.
Exoneration in departmental proceedings does not abort subsequent criminal investigations filed on similar corruption charges; the differing standards of proof essential for criminal liability prevai....
At the stage of considering an application for discharge the court must proceed on the assumption that the material which has been brought on record by the prosecution is true and evaluate the materi....
Criminal proceedings cannot continue if the accused has been exonerated in departmental inquiries for identical charges, due to the higher standard of proof required in criminal cases.
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