Rajendra Kumar Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 16130 MP

                                                              1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                             ON THE 29 th OF SEPTEMBER, 2023
                                              WRIT PETITION No. 24545 of 2023

                           BETWEEN:-
                           RAJENDRA KUMAR SHARMA S/O SHRI BHAVANI
                           SHANKAR SHARMA, AGED ABOUT 58 YEARS,
                           OCCUPATION: SERVICE, ADD - POLICE LINE, DISTRICT
                           JHABUA (MADHYA PRADESH)

                                                                                            .....PETITIONER
                           (BY SHRI AKASH SHARMA, ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY DEPARTMENT OF HOME
                                 SATPURA BHAVAN DISTRICT BHOPAL (MADHYA
                                 PRADESH)

                           2.    THE DIRECTOR GENERAL OF POLICE POLICE
                                 H E A D Q U A R T E R S JAHANGIRABAD BHOPAL
                                 (MADHYA PRADESH)

                           3.    INSPECTOR    GENERAL OF POLICE INDORE
                                 RANGE DIST. INDORE (MADHYA PRADESH)

                           4.    THE SUPERINTENDENT OF POLICE DISTRICT
                                 JHABUA (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                           (SHRI TARUN PAGARE - G.A. FOR STATE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                               ORDER

In the instant petition filed under Article 226 of the Constitution of India, the petitioner has prayed for quashing the chargesheet dated 11.7.2023 and Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 29-09-2023 17:33:28

order dated 11.9.2023 passed by respondent NO.2.

2. Petitioner is working as Assistant Sub Inspector in the police department. He had registered one FIR at crime No. 503/2022 for commission of offence under section 8/20 of NDPS Act. Against the petitioner, a complaint was filed by one Rajesh Oharia before the Lokayukt Police. On the basis of said complaint, police registered FIR No. 28/2022 against the petitioner for commission of offence punishable under section 7 of Prevention of Corruption Amended Act, 2018.

3. Counsel for the petitioner submits that allegation in the criminal case and departmental enquiry are identical and therefore, the departmental enquiry

ought to have been stayed. If the petitioners contest the departmental enquiry, the criminal proceedings will be prejudiced. In support of his submission, counsel has placed reliance on the judgment passed by the Supreme Court in the cases of Capt. M.Paul Anthony Vs. Bharat Gold Mines Ltd., 1999(3) SCC 679 and SBI and others Vs. Neelam Nag and another, (2016) 9 SCC 491.

4 . Counsel for the State submits that petitioner has filed writ petition directly before this Court without approaching to the competent authority for stay of the departmental enquiry.

5 . After hearing learned counsel for parties, the present petition is disposed of with liberty to the petitioner to file an application for stay of the departmental enquiry before the respondent NO.4. If such an application is filed within 15 days from today, the respondent No.4 -Superintendent of Police Jhabua shall consider and decide the same in accordance with law keeping in view the law laid down in the cases of Capt.M.Paul Anthony and SBI Vs. Neelam Nag (supra) within one month from the date of receipt of the representation by passing a reasoned and speaking order. Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 29-09-2023 17:33:28

C.c. as per rules.

(VIJAY KUMAR SHUKLA) JUDGE MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 29-09-2023 17:33:28