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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
Abdul Moin, Babita Rani
Subhash Chandra – Appellant
Versus
State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Vigilance Lko. – Respondent
| Table of Content |
|---|
| 1. writ petition seeks quashing of fir under corruption laws. (Para 2 , 4 , 5) |
| 2. petitioner argues exoneration in prior departmental inquiry prevents criminal charges. (Para 7 , 8 , 9) |
| 3. respondents claim fir valid under pca exceptions. (Para 12 , 13 , 15 , 16) |
| 4. court affirms definition of 'public servant' includes co-operative employees under pca. (Para 25 , 28 , 29) |
| 5. criminal proceedings permissible despite earlier departmental exoneration. (Para 39 , 40 , 41) |
| 6. writ petition dismissed with no grounds for interference. (Para 48 , 49) |
JUDGMENT :
1.Heard Sri Sharad Pathak, learned Senior Advocate assisted by Sri Mayank Pandey, learned counsel for the petitioner, learned AGA appearing on behalf of the respondents no. 1 to 3, 5 & 6 and Sri Akbar Ahmad, learned counsel for the respondent no. 4.
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 19.09.2025 lodged at Case Crime No. 0023 of 2025 at Police Station- Lucknow Sector Vigilance Establishment, Lucknow under Sections 13 (1) (B) & 13 (2) of the Prevention of Corruption Act, 1988, a copy of which is annexed as Annexure No. 1 to this writ petition.
(i
Exoneration in departmental proceedings does not prevent criminal prosecution under the Prevention of Corruption Act if the charges involve higher proof standards; 'public servant' includes cooperati....
The court affirmed that individuals executing public duties for public entities can be classified as public servants under the Prevention of Corruption Act, broadening the scope of accountability and....
Point of law :Prevention of corruption -Good laws alone would be not sufficient to make our country corruption free, hut there has to be effective enforcement of the same and efforts should be toward....
(1) Employee of a co-operative society which is controlled or aided by Government is covered within comprehensive definition of word ‘public servant’ as defined under P.C. Act.(2) A public servant ne....
The main legal point established in the judgment is that a Recovery Agent for a public sector bank can be considered a 'public servant' under the Prevention of Corruption Act, and actions related to ....
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