AVINASH KUMAR Vs. STATE

JUDGEMENT

(1.) This petition has been filed by the petitioner for quashing of criminal trial pending in the court of Special Judge in C.C. No.71 of 2004. The ground taken by the petitioner is that on the same evidence which formed part of the criminal trial, departmental proceeding was initiated against the petitioner and the petitioner was exonerated by the department. It is further submitted that the report of Investigating Officer dated 21st March, 2007 was also considered by the inquiry officer. In his report, the Investigating Officer had come to conclusion that there was no demand of illegal gratification of ' 5,000/- made by the petitioner and the petitioner had not accepted the money from M/s. Suntex Enterprises owned by Sh. R.S. Guleria. Even S.P., CBI while drawing conclusion to his report sent to the department concluded that case was not fit for launching prosecution for the reasons as under :-

(2.) It is submitted by the petitioner that this court in Ajay Kumar Tyagi Vs. State,2008 3 DLT 788 had observed as under :-

(3.) It is submitted that the present case was squarely covered by the judgment of this court in Ajay Kumar Tyagi's case (supra) and since the criminal prosecution was based on same set of facts, allegations and evidence which was before the adjudicating authority, this court should quash the F.I.R.