The court dismissed an application under Section 482 Cr.P.C. seeking quashing of corruption proceedings. It held that departmental acquittal based on preponderance of probabilities cannot quash criminal proceedings requiring proof beyond reasonable doubt.
Petition for quashing of charge sheet and summons dismissed; proceedings continue.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 87
Case :- APPLICATION U/S 482 No. - 33437 of 2022
Applicant :- Mohammad Shahid Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kashif Zaidi Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
29.5.2019 against the petitioner under Section 7 of Prevention of Corruption Act, 1988. Though the name of the petitioner was not mentioned in the FIR, but after investigation of the offence, his name came to light as one of the accused for commission of offence.
Order Date :- 25.1.2023 Rao/-
Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad
2 issues framed by the court
Whether criminal proceedings under the Prevention of Corruption Act can be quashed on the ground that the petitioner was absolved in departmental proceedings.
Whether the High Court should interfere in ongoing criminal proceedings where the applicant claims quashing based on prior administrative acquittal.
2 provisions across 2 enactments
Mohammad Shahid
State of U.P.
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
