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SAURABH LAVANIA
Jagdish Singh @ Jagdish Kumar Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SAURABH LAVANIA, J.
1. Subject matter of both the applications filed by the applicant namely Jagdish Singh @ Jagdish Kumar Singh relates to Case Crime/FIR No. 0271 of 2020, under Section 323, 504, 506, 307, 332, 353, 188, 270 IPC, P.S. Kakori, District-Lucknow and as such the same are being decided by means of this common order/judgment.
2. Heard learned counsel for the applicant and Shri S.P. Tiwari, learned AGA for the State and perused the record.
3. APPLICATION U/S 482 No. 5413 of 2024 has been filed seeking following main relief:
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.
Exoneration in departmental proceedings does not automatically quash criminal proceedings, which must be determined based on evidence in court.
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....
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.
Exoneration in departmental proceedings on merits precludes subsequent criminal prosecution on identical allegations due to differing standards of proof.
Exoneration in a disciplinary proceeding does not automatically terminate criminal prosecution; both proceedings are governed by different evidentiary standards.
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....
Exoneration in departmental proceedings on merits can lead to the quashing of criminal proceedings based on the same allegations, as the higher standard of proof in criminal law makes it unlikely tha....
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