HAMIDULLAH BHAT Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) By way of the present application under Sec. 482 Cr.P.Cfiled on behalf of the petitioner for seeking stay of further proceedings before the Ld. Special Judge (PC Act), Rouse Avenue District Courts, Delhi in CC No.18/2020 titled as "CBI Vs. Hamidullah Bhat" .

(2.) Learned senior counsel for the petitioner submitted that criminal prosecution cannot proceed against the petitioner after being exonerated in a departmental inquiry for the same allegations. Learned senior counsel for petitioner has placed reliance on Ajit Singh Soodha v. Union of India (SLP No. 6489/2021, order dtd. 13/9/2021) and AshooSurendranath Tewari v. Deputy Superintendent of Police [ (2020) 9 SCC 636].

(3.) Ld. SPP for CBI submitted that the petitioner is seeking setting aside of the order on charge and there is absolutely no need of staying the proceedings in the Trial court, and seeks some time to file reply. It is further submitted by counsel for the respondent CBI that exoneration in the departmental proceeding ipso facto would not result into the quashing of the criminal prosecution. The findings of a departmental proceedings are not binding on the proceedings for criminal prosecution and the two are independent in nature of one another and the facts of this case cannot be equated with the facts of the case on which the learned senior counsel for the petitioner is relying.