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In the light of the observation made by the Apex Court in case of Radheshyam Kejriwal (supra) I find from the material available on record that the charges for which the petitioners were departmentally proceeded against as well as charges made in the complaint in the present case are identical. The petitioners have been exonerated in the disciplinary proceeding on merits.

Taking into consideration the facts and circumstances of the case allowing the prosecution to continue would certainly be an abuse of the process of court. In the result, I allow this petition and quash the entire proceedings of complaint case no. Patna High Court Cr.Misc. No.12315 of 2007 dt.07-05-2012 12 151 of 2006 including the order dated 17.1.2007 passed in the aforesaid case pending in the court of Sub Divisional Judicial Magistrate, Bikramganj, Rohtas.