https://www.taxtmi.com/caselaws?id=440485 Criminal prosecution based on materially identical allegations to a departmental charge memo may be quashed where the employee has been exonerated on merits in the disciplinary enquiry. Here, both proceedings alleged misappropriation through false or irregular bills, and the departmental inquiry ended in the petitioner's favour after the charge was dropped. The court treated the continued criminal case as abuse of process and held that inherent power under Section 482 of the Code of Criminal Procedure, 1973 could be exercised to prevent such prosecution. The criminal proceedings were quashed. en-us Wed, 01 Feb 2023 00:00:00 +0530 Wed, 19 Jul 2023 12:49:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=440485 Criminal prosecution based on materially identical allegations to a departmental charge memo may be quashed where the employee has been exonerated on merits in the disciplinary enquiry. Here, both proceedings alleged misappropriation through false or irregular bills, and the departmental inquiry ended in the petitioner's favour after the charge was dropped. The court treated the continued criminal case as abuse of process and held that inherent power under Section 482 of the Code of Criminal Procedure, 1973 could be exercised to prevent such prosecution. The criminal proceedings were quashed. Case-Laws Indian Laws Wed, 01 Feb 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=440485