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1 - 7 of 7 (0.38 seconds)Section 5 in The Code of Criminal Procedure, 1973 [Entire Act]
The Prevention of Corruption Act, 1988
State Of Orissa And Anr vs Saroj Kumar Sahoo on 7 December, 2005
In
support of his contentions, learned counsel relies on
decisions of the Hon'ble Supreme Court in cases titled as
'State of Orissa and another v. Saroj Kumar Sahoo'
reported in (2005) 13 Supreme Court Cases 540; and
'Shoraj Singh Ahlawat and ors. Vs. State of U.P. and
anr.' reported in AIR 2013 Supreme Court 52. Learned
counsel prays that the instant petition deserves dismissal
out rightly on afore mentioned submissions.
Section 8 in The Criminal Law (Amendment) Act, 2005 [Entire Act]
Lokesh Kumar Jain vs State Of Rajasthan on 9 July, 2013
11. The main argument of Sunil Sethi Sr. Counsel for
petitioner is that as GAD has conducted departmental
enquiry with regard to allegations and found that the
Chief Education Officers had no role in fixation/approval
of rates, selection of items and allotment of contracts as
all these items were approved by the Divisional Level
Purchase Committee, and that the role of CEOs was only
to place orders within the approved contract as per actual
requirement of material. The court below while framing
charge has not considered a document with this regard,
which prosecution has itself annexed in challan. Thus,
charges framed against him are not sustainable. He has
also relied upon 2013 (3) RCR (Criminal) page 763 case
titled Lokesh Kumar Jain v. State of Rajasthan,
wherein it is held as under :-
P.S.Rajya vs The State Of Bihar on 9 May, 1996
In P.S. Rajya v. State of Bihar, (1996) 9 SCC 1, this
Court noticed that the appellant was exonerated in the
departmental proceeding in the light of report of the
Central Vigilance Commission and concurred by the
561-A Cr.P.C. No.73 of 2013 Page 10 of 13
Union Public Service Commission. The criminal case
was pending since long, in spite of the fact that the
appellant was exonerated in the departmental
proceeding for same charge.
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