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SAMIT GOPAL
Subhan Ali – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Samit Gopal, J.
1. Heard Sri Saroj Kumar Yadav, learned counsel for the applicant, Sri Gyan Prakash, learned Senior Advocate/Additional Solicitor General, assisted by Sri Sanjay Kumar Yadav, learned counsel for the opposite party no. 1/Union of India and the opposite party no. 3/C.B.I. and perused the records.
2. The present Criminal Misc. Application U/S 482 Cr.P.C. has been filed by the applicant Subhan Ali with the following prayers:-
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....
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....
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....
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.
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.
The standard of proof in criminal proceedings is higher than in departmental inquiries, and exoneration in the latter does not necessarily preclude criminal prosecution unless it is on merit.
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