Honorable Exoneration In Departmental Proceedings Would Warrant Quashing Of Criminal Prosecution Arising From Same Set Of Facts: Orissa High Court

Honorable Exoneration In Departmental Proceedings Would Warrant Quashing Of Criminal Prosecution Arising From Same Set Of Facts

Case: Dr. Minaketan Pani v. State of Orissa

Coram: Chief Justice Dr. S. Muralidhar

Case No.: CRLMC No. 3407 of 2010

Court Observation: “…in the facts and circumstances of the present case where on the same charges on which the Petitioner is facing criminal trial he has been honourably exonerated in the departmental proceedings, the Court adopts the reasoning of the decisions in Radheyshyam Kejriwal v. State of West Bengal (supra) and Ashoo Surendranath Tewari v. Deputy Superintendent of Police, EOW, CBI (supra) and sets aside the impugned order dated 15th January 2009, passed by the Sub-Divisional Judicial Magistrate (S) Cuttack in G.R. Case No.1057 of 2007.”

“Despite noting the aforementioned decisions, the decision in State (NCT of Delhi) v. Ajay Kumar Tyagi (supra) failed to take note of the coordinate Bench judgment in Radheyshyam Kejriwal v. State of West Bengal (supra). The latter Judgment was binding on the coordinate Bench and therefore the Judgment in State (NCT of Delhi) v. Ajay Kumar Tyagi should be considered to be ‘per incuriam as explained by the Supreme Court in State of Assam v. Ripa Sharma, AIR 2013 SC 3588 and Central Board of Dawoodi Bohra Community v. State of Maharashtra, AIR 2005 SC 752.”

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Keywords

Honorable Exoneration, Departmental Proceedings, Criminal Prosecution

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