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SANJAY KUMAR DWIVEDI
Mukesh Kumar Sinha, s/o late Sharda Nandan Prasad – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
Sanjay Kumar Dwivedi, J.
Heard Mr. Anoop Kumar Mehta, the learned counsel appearing on behalf of the petitioner and Mrs. Nehala Sharmin, the learned counsel appearing on behalf of the sole respondent State.
2. This petition has been filed for quashing the order taking cognizance dated 03.10.2016 including the entire criminal proceeding arising out of Koderma P.S.Case No.169 of 2015, corresponding to G.R.No.1018 of 2015, pending in the court of learned Chief Judicial Magistrate, Koderma.
That the prosecution case in brief as appearing from the written report is that 1000 quintals of seeds was provided to the District Agriculture Officer, Koderma cum Sub Divisional Agriculture Officer, Koderma. The said seeds were made available to Sri Mohan Sao, the President, Domchanch North PACSS Ltd., for distrib
The right to a speedy trial includes pre-trial processes; excessive delay can lead to quashing of criminal proceedings if evidence is inadequate.
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....
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