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    <title>2023 (2) TMI 1459 - ORISSA HIGH COURT</title>
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    <description>Criminal prosecution may be quashed where a departmental enquiry on the same facts and charges has honourably exonerated the accused and makes conviction highly improbable. Here, the enquiry record showed that key witnesses did not support the allegation, the charge was not established, and the evidence indicated that no untoward incident occurred. The petitioner was treated as duty-bound for the suspension period and granted consequential benefits, which amounted to honourable exoneration on the same factual foundation as the criminal case. Continuing the prosecution on those facts would amount to an abuse of process, so the criminal proceeding was liable to be quashed.</description>
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      <description>Criminal prosecution may be quashed where a departmental enquiry on the same facts and charges has honourably exonerated the accused and makes conviction highly improbable. Here, the enquiry record showed that key witnesses did not support the allegation, the charge was not established, and the evidence indicated that no untoward incident occurred. The petitioner was treated as duty-bound for the suspension period and granted consequential benefits, which amounted to honourable exoneration on the same factual foundation as the criminal case. Continuing the prosecution on those facts would amount to an abuse of process, so the criminal proceeding was liable to be quashed.</description>
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