Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANJAY KUMAR PACHORI
Tej Karan Meena – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. application to quash criminal proceedings based on lack of evidence. (Para 1 , 2) |
| 2. arguments relating to departmental inquiry and admissibility of evidence. (Para 3 , 4 , 5 , 6) |
| 3. court's analysis of evidence and standards of proof in disciplinary versus criminal proceedings. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. final ruling to quash proceedings against the applicant. (Para 13 , 14) |
JUDGMENT :
SANJAY KUMAR PACHORI, J.
1. Present application under Section 482 of Code of Criminal Procedure (hereinafter referred to as “Cr.P.C.” has been filed with a prayer to quash the entire proceedings of Criminal Case No. 252 of 2022, arising out of Case Crime No. 17 of 2021, under Section 3/4 of Railway Property (Unlawful Possession) Act, 1966, Police Station R.P.F. Ghaziabad, District Ghaziabad, as well as cognizance/summoning order dated 8.2.2022, pending in the court of Additional Chief Judicial Magistrate, (N.R.), Ghaziabad.
2. Brief facts of the case are that complaint dated 10.10.2021 has been filed and registered as aforesaid case crime, for theft of three old transformer from E.M.U. Car Shade, Ghaziabad, on 9.10.2021. One stolen transformer has been recovered from the shop of
Criminal proceedings cannot continue against an accused exonerated in disciplinary proceedings if there is insufficient pre-summoning evidence.
Prosecution must prove possession and theft to secure a conviction under the Railway Property Act; absence of evidence warrants acquittal.
The prosecution must establish beyond reasonable doubt that a defendant was in unlawful possession of stolen property; failure to do so results in acquittal.
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 does not automatically quash criminal proceedings, which must be determined based on evidence in court.
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....
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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
