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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Sushma W/O Sushil Kumar – Appellant
Versus
State of Bihar – Respondent
CHANDRA SHEKHAR JHA, J.
JUDGMENT :
1. Heard learned counsel appearing on behalf of the parties.
2. The present petition is being filed on behalf of the petitioner for quashing of FIR bearing Charpokhari P.S. Case No. 93 of 2009 registered under sections 419, 420, 409, 467, 468, 471 and 477A of Indian Penal Code dated 31.08.2009 against the petitioner and other co-accused persons.
3. The prosecution case in brief, as it appears from the letter dated 24.08.2009 issued by the District Magistrate, Bhojpur, Ara which is the basis of FIR that petitioner along-with other co-accused persons, defalcated money allocated under the Indira Awas Yojana to the respective beneficiaries. It is also alleged that illegal commissions were received from the beneficiaries and passbooks of some of the beneficiaries were illegally confiscated by the Mukhiya Pati and other members of Panchayat Samiti in lieu of illegal gratification. Further, it is alleged that co-accused persons namely, Nandlal, Kaushal Yadav and Jai Shankar Yadav @ Jata Shankar Yadav forcefully took away the bank passbook of some of the beneficiaries and demanded Rs. 5000/- for each passbook as illegal gratification for its returning to the
The right to a speedy trial includes pre-trial processes; excessive delay can lead to quashing of criminal proceedings if evidence is inadequate.
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 lead to dismissal of criminal charges; higher standard of proof applies in criminal cases.
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....
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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