PRADEEP KUMAR YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Rajendra Kumar Verma, J . 1. The petitioner has filed the present petition under Sec. 482 of Cr.P.C. for quashment of the order dtd. 27/9/2022 passed by the Court of Special Railway Magistrate in RCT No.9068/2015 and the order dtd. 26/11/2022 passed by the Court of 10th Additional Sessions Judge, whereby, the application for dismissal of pending criminal case has been rejected.

(2.) As per the prosecution case, the allegation against the petitioner is that he has committed theft. After department enquiry, FIR was lodged against the applicant.

(3.) Learned counsel for the petitioner submits that petitioner has been convicted and punished in the departmental proceedings so criminal proceedings is not maintainable against the present petitioner in the light of Article 22 of the Constitution of India. It is also submitted that no person shall be prosecuted and punished for the same offence more than once as per the Constitution of India.