Delhi District Court
Shri Krishan vs State on 5 December, 2019
1
IN THE COURT OF MS. NEELAM SINGH
ASJ03 & SPECIAL JUDGE (COMPANIES ACT)
DWARKA DISTRICT COURTS, DELHI
Criminal Revision No.365/2019
(Registration No. CR/365/2019)
(CNR No. DLSW010094962019)
In the matter of:
Shri Krishan,
S/o Late Sh. Rishal Singh,
R/o Village & P.O. Bijwasan,
New Delhi. ... Petitioner
Versus
State ... Respondent
Date of Institution : 14.08.2019
Date of Arguments : 05.12.2019
Date of Decision : 05.12.2019
ORDER
1. The present revision petition has been filed by the petitioner/complainant under Section 397 Cr.P.C. challenging the order dated 15.05.2019 (in short "impugned order") passed by Sh. Himanshu Raman Singh, Ld. MM , South West, Dwarka, New Delhi, in case FIR No.286/2014, PS Kapashera titled as "State vs. Shri Krishan.". The reasons for challenging Page No. 1 of 3 CR No.365/2019; Shri Krishan Vs. State 2 the impugned order is that accused/petitioner has been exonerated in the departmental proceedings and accordingly Metropolitan Magistrate cannot frame charges against the accused.
2. Ld. Addl. PP for the State has vehemently argued this application and submitted that the trial of the departmental proceedings and criminal cases are all together on different footings and it has been relied upon by Hon'ble Apex Court in various cases that even if accused is exonerated in departmental case he cannot be discharged automatically in criminal case. Reliance has been placed upon by Ld. Addl. PP for State on "State of NCT of Delhi Vs. Ajay Kumar Tyagi, Criminal Appeal No.1334 of 2012 (9) SCC 685 "29. We are, therefore, of the opinion that the exoneration in the departmental proceeding ipso facto would not result into the quashing of the criminal prosecution. We hasten to add, however, that if the prosecution against an accused is solely based on a finding in a proceeding and that finding is set aside by the superior authority in the hierarchy, the very foundation goes and the prosecution may be quashed. But that principle will not apply in the case of the departmental proceeding as the criminal trial and the departmental proceeding are held by two different entities. Further they are not in the same hierarchy."
On the basis of the aforesaid discussions, I am of this considered opinion that exoneration of the accused in the departmental proceedings cannot automatically result into his discharge from the criminal proceedings. I find no merits in this criminal revision petition. In the result, the present Page No. 2 of 3 CR No.365/2019; Shri Krishan Vs. State 3 revision petition fails and is accordingly dismissed.
3. Trial Court record alongwith copy of this judgment be sent back to the Trial/Successor Court immediately for information.
NEELAM Digitally signed by
NEELAM SINGH
SINGH Date: 2019.12.05
04:21:43 +0530
Announced in the open Court (NEELAM SINGH)
on 05th day of December 2019 ASJ03 & Special Judge (Companies Act)
Dwarka Courts (SW), New Delhi.
Page No. 3 of 3 CR No.365/2019; Shri Krishan Vs. State