2014 (5) TMI 1250

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....ubey For the Respondent State : S.C. II ORDER This writ petition (criminal) has been filed with a prayer for quashing the entire criminal proceeding including F.I.R arising out of Jamtara P.S. Case No. 337 of 2013 dated 27.9.2013, registered u/s 420/ 409/ 467/ 468/ 471 corresponding to G.R. Case No. 971 of 2013, then pending in the Court of learned CJM, Jamtara. 2. The prosecution case....

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.... out of same is liable to be set aside. Learned counsel has also relied on the judgment reported in (1996) 9 SCC 1 (P.S. Rajya v. State of Bihar). 4. On the other hand, learned counsel, appearing for the State has opposed the argument and submitted that again a eight member committee was constituted and para-3 of the said report annexed with the F.I.R. clearly indicates that there was no refere....

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.... v. Ajay Kumar Tyagi]. Their Lordships in Paragraph-24 by referring the said case of P.S. Rajya, held as follows:- "24. Therefore, in our opinion, the High court quashed the prosecution on total misreading of the judgment in P.S. Rajya case. In fact, there are precedents, to which we have referred to above, that speak eloquently a contrary view i.e. exoneration in departmental proceeding ....