JUDGMENT :

Vishal Mishra, J.

With the consent of learned counsel for the parties, the matter is finally heard.

1. The present petition is being filed by the petitioner seeking following reliefs:

"(i) This Hon'ble Court may kindly be pleased to stay the further proceedings of the Departmental Enquiry pending against the petitioner before the City Superintendent of Police Vidisha till the final decision in the criminal case pending against the petitioner before the Judicial Magistrate First Class Bhopal.

(i) Any other relief deemed fit be also granted.

(ii) Cost of the petition."

2. The writ petition has been filed by the petitioner mainly on the ground that the criminal trial and departmental enquiry on the same issue cannot proceed. Against the petitioner the challan has been filed alleging commission of offence under section 376 (2) (N) of IPC and sections 3 (2) (v), 3 (1) (w) (iii) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989 and the departmental enquiry has also been initiated against him by serving the charge sheet dated 5.10.2019 (Annexure P/3).

3. Learned counsel appearing for the petitioner submits that the criminal trial and the departmental enquiry are