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2024 Supreme(Raj) 563

MUNNURI LAXMAN
Leelavati W/o Shri Jagdish Chandra – Appellant
Versus
State of Rajasthan, through Secretary, Department of Home – Respondent


Advocates Appeared:
For the Petitioner: Mr.Vikas Bijarnia, Adv.
For the Respondent: Mr.Gaurav Ranka on behalf of Ms.Vandana Bhansali, Adv.

ORDER :

Munnuri Laxman, J.

1. The present writ petition has been filed seeking quashment of chrgesheet dated 07.09.2021 issued by the respondent No.4-the Disciplinary Authority to the writ petitioner.

2. The case of the writ-petitioner is that while the petitioner was posted as a Constable at Mahila Thana, Churu, the FIR No.0125/2021 was lodged at Police Station Kotwali Churu against her for offence under Sections 454, 380, 414, 411, 201 of IPC and Sections 7, 25(1-AA) of the Arms Act. On the basis of the above FIR, the disciplinary proceedings were commenced by issuing the chargesheet dated 7. 09.2021. According to the petitioners, the charges in the disciplinary proceedings and in the criminal case are based on the same set of facts. If the departmental enquiry is allowed to continue, the petitioner is greatly prejudiced in defending his criminal case and he has to disclose his defence in the disciplinary proceedings before the trial has been commenced in the criminal case, which would have great prejudice to him. Therefore, the petitioner seeks quashment of chargesheet pending the decision in the criminal case.

3. The reply filed by the respondents shows that the petitioner was post

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