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2014 (1) TMI 1949 - MADHYA PRADESH HIGH COURTAppeal against an acquittal can be said to be a continuation of criminal case - Claim for settlement of wages of suspension period rejected. Rejection on the ground that having acquitted of an offence under Section 13 (1) (e) and 13 (2) of Prevention of Corruption Act, 1988, filing of an appeal against the order of acquittal does not tantamount to judicial proceeding as would prevent the petitioner from claiming his lawful right of wages? HELD THAT:- Section 2 (i) of the Criminal Procedure Code, 1973 defines expression "judicial proceeding" "includes any proceeding in the course of which evidence is or may be legally taken on oath." The definition as apparent is not exhaustive. Therefore, before proceeding can be held to be a judicial proceeding, it must be found that in the course of that proceeding evidence is or may be legally taken on oath. If evidence could not be taken legally on oath it would not judicial proceeding - With the acquittal the charges of commission of offence gets washed of. A person so acquitted of the charges stand at par with a person who is not being charged and was not subjected to a criminal proceeding. The preferment of a criminal revision or an appeal against an acquittal cannot be regarded as a continuance of the trial and cannot be treated to be pendency of judicial proceeding as the initial presumption of innocence gets re-enforced by the orders of acquittal. The contention, therefore, put forth by the respondents that the filing of revision against the judgment dated 12.12.2000 would tantamount to the pendency of judicial proceeding does not reason with the provisions as they stand under law. Since with the acquittal of petitioner for an offence under Section 13 (1) (e) and 13 (2) of 1988 Act, his suspension which was based on criminal proceedings stands unjustified. The respondents are directed to settle the same within a period of 3 months from the date of communication of this order - Petition allowed.
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