JHARKHAND HIGH COURT ISSUES ORDER ON DILIP KUMAR V/S THE STATE OF JHARKHAND AND ANR

RANCHI, India, Aug. 14 -- Jharkhand High Court issued the following order on July 14:

1. Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash and set aside the entire criminal proceeding including the order taking cognizance dated 21.01.2021 passed by learned Chief Judicial Magistrate, Giridih in connection with Pirtand P.S. Case No.59 of 2015 corresponding to G.R No.3823 of 2015 by which the learned Chief Judicial Magistrate, Giridih has taken cognizance of the offences punishable under Sections 420/409/120B of the Indian Penal Code inter alia against the petitioner.

3. The brief facts of the case is that the petitioner while posted as Junior Engineer being a public servant of Rural Works Department, Giridih was entrusted with the property of the government and having dominion over the property of the government, has misappropriated the same, in criminal conspiracy with the accused persons and also by way of cheating the government of several crores of rupees, from the money paid to the contractor, without properly constructing the road from Chirki Road to Palma Road under the Pirtand Block of district Giridih. The allegation against the petitioner cannot be established during the departmental proceeding, hence, the departmental proceeding has been dropped. The Joint Secretary to the Government, Road Construction Department has written a letter to the public prosecutor of Sessions Court, Giridih for withdrawal of the prosecution against the petitioner in terms of the Section 321 of the Code of Criminal Procedure.

4. Learned counsel for the petitioner relying upon the judgment of Hon'ble Supreme Court of India in the case of Ashoo Surendranath Tewari vs. Deputy Superintendent of Police, EOW, CBI and Another reported in (2020) 9 SCC 636 and submits that therein the Hon'ble Supreme Court of India relied upon the judgment of Radheshyam Kejriwal vs. State of West Bengal reported in (2011) 3 SCC 581, wherein inter alia it was held that in case of exoneration in an adjudication proceeding under the prevention of money laundering Act on merits when the allegation is found to be not sustainable at all, the person held innocent, in criminal prosecution on the same set of actions and circumstances cannot be allowed to continue. It is next submitted that the co-ordinate bench of this Court in the case of Navlesh Kumar Vs. State of Jharkhand in Cr.M.P. No.68 of 2018 dated 24.01.2024 has referred to Ashoo Surendranath Tewari vs. Deputy Superintendent of Police, EOW, CBI and Another (Supra) as a precedent regarding the principle of law that if the case arising out of same charge in the departmental proceeding and criminal proceeding and if the exoneration is there in the departmental proceeding, the criminal proceeding can be quashed.

5. Learned counsel for the petitioner also relies upon the judgment of Hon'ble Supreme Court of India in the case of J. Sekar alias Sekar Reddy vs. Directorate of Enforcement reported in (2022) 7 SCC 370, wherein also the Hon'ble Supreme Court of India relied upon the judgement of Radheshyam Kejriwal vs. State of West Bengal (Supra)

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfEZ3DEtVa5eCq1xOvcBWDGsEFN6UoxcQmh9obQ5VRenq&caseno=Cr.M.P./4175/2022&cCode=1&cino=JHHC010396012022&state_code=7&appFlag=)

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