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TMI Blog2023 (7) TMI 758X X X X Extracts X X X X X X X X Extracts X X X X ..... f IPC. Pursuant to a complaint lodged by the Sub-Treasury Officer, Addateegala, F.I.R.No.2 of 2014 of Addateegala Police Station was registered against Accused Nos.1 to 5 for the said offences. After investigation, the Police laid a Charge Sheet wherein the petitioner is arrayed as Accused No.11. The learned Magistrate took cognizance of the offences in C.C.No.207 of 2015 against all the accused i.e., 26 in number, wherein a total amount of Rs. 41,21,878/- was involved. Seeking to quash the said Calendar Case, petitioner/Accused No.11 filed the present Criminal Petition on various grounds. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the respondent-State. 4. The learned counsel for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was not proved against the petitioner and the departmental proceedings ended in his favour. 6. The learned counsel submits that in such circumstances, continuation of criminal prosecution/proceedings on the very same set of allegations on the basis of which departmental proceedings were initiated and culminated in exoneration of the petitioner is not only unsustainable, but also constitutes abuse of process of law. Relying on the decisions of the Hon'ble Supreme Court in Radheshyam Kejriwal Vs. State of West Bengal and another [(2011) 3 SCC 581]; Ashoo Surendranath Tewari Vs. Deputy Superintendent of Police, EOW, CBI and another [(2020) 9 SCC 636], and the decisions of learned Single Judges in Crl.P.No.6523 of 2012 dated 13.07.2015 and Cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to a tune of Rs. 1,20,000/- were drawn by submitting fake bills to the Pay and Accounts Office under 134 to the Primary Health Centre at PHC, Zeddangi, East Godavari district colluding with Medical Officer without actually engaging the vehicles. The funds were drawn on the name of 3rd party viz Rs. 40,000/- paid to B. Venkateswara Rao, Rs. 10,000/- to Dr. Y.Y. Rajendra, Rs. 70,000/- to ANVS Deva Kumar, Sr. Assistant, PHC, Duppalapalem and Rs. 1,00,000/- to M. Satyanarayana. 10. In so far as the Charge Sheet is concerned, though it refers to several Charges against as many as 26 accused, the Charge, which is relevant to the petitioner, is extracted hereunder:- "In PHC Jaddangi, it is found that the funds to a tune of Rs. 1,20,000/- were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that there is no contravention of the provisions of the Act, it would be unjust and abuse of process of the Court to permit the Enforcement Directorate to continue with the criminal prosecution. While referring to the earlier decisions, the Learned Judges by majority (dissented by Hon'ble Sri Justice P.Sathasivam) laid down the ratio that can be culled out from the earlier decisions at Para 38 as follows:- (i) Adjudication proceeding and criminal prosecution can be launched simultaneously; (ii) Decision in adjudication proceeding is not necessary before initiating criminal prosecution; (iii) Adjudication proceeding and criminal proceeding are independent in nature to each other; (iv) The finding against the person facing prosecution ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt, while referring the above said ratio laid down in Radheshyam Kerjiwal referred to supra, set aside the Judgment of the High Court and that of the Special Judge and discharged the appellant therein from the offences under the Penal Code. The conclusion reached in the above said case was based on the Central Vigilance Commission's (CVS) order which was in favour of the appellant and chances of conviction in a criminal Trial involving the same facts appear to be bleak. 15. In a very recent Judgment, the Chief Justice of High Court of Orissa by an Order dated 20.05.2022 in Crl.M.C.No.3407 of 2010 allowed the same in the light of the decisions of the Hon'ble Supreme Court in Radheshyam Kerjiwal and Ashoo Surendranath Tewari referred to abov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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