SANJAY KISHORE Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Shivam Sharma, learned counsel for the petitioner and Sri Vishal Verma, learned State Counsel for the State-respondents.

(2.) By means of this writ petition, the petitioner has initially assailed the departmental enquiry initiated against the petitioner issuing the charge-sheet, which is contained as Annexure No.12 to the writ petition.

(3.) The submission of learned counsel for the petitioner is that the petitioner has already been acquitted from the trial court i.e. the Additional Chief Judicial Magistrate, Court No.2, Bulandshahr vide order dated 24.11.2018 passed in Criminal Case No.642 of 2018; State vs. Sanjay Kishore bearing Case Crime No.710 of 2015, under Sections 409, 420 I.P.C. and Section 66-D of I.T. Act read with Section 4/10 of U.P. Public Examination (Prevention of Unfair Means) Act, Police Station-Kotwali Nagar, District-Bulandshahr. The trial court is having the identical facts and allegations pursuant to which the departmental enquiry has been conducted, therefore, he may not be departmentally tried for the same set of facts and evidences in view of the law laid down by Hon'ble Apex Court in the case of G.M. Tank vs. State of Gujarat and Anr, 2006 5 SCC 446.