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    <title>2009 (3) TMI 571 - HIGH COURT OF DELHI</title>
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    <description>A person not originally arrayed as an accused in a FERA complaint cannot be summoned under Section 319 CrPC where departmental adjudication on the same allegations has exonerated him on merits. The Court noted that the competent authority had declined prosecution after considering the reply and had recorded that the charge was not proved. Although criminal and adjudicatory proceedings may ordinarily proceed independently, a clear merits-based exoneration in the departmental forum made continued prosecution unjustified. The summoning order was therefore set aside and relief granted.</description>
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    <pubDate>Fri, 13 Mar 2009 00:00:00 +0530</pubDate>
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      <title>2009 (3) TMI 571 - HIGH COURT OF DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=112822</link>
      <description>A person not originally arrayed as an accused in a FERA complaint cannot be summoned under Section 319 CrPC where departmental adjudication on the same allegations has exonerated him on merits. The Court noted that the competent authority had declined prosecution after considering the reply and had recorded that the charge was not proved. Although criminal and adjudicatory proceedings may ordinarily proceed independently, a clear merits-based exoneration in the departmental forum made continued prosecution unjustified. The summoning order was therefore set aside and relief granted.</description>
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      <pubDate>Fri, 13 Mar 2009 00:00:00 +0530</pubDate>
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