Rajendra Singh Damor vs The State Of Madhya Pradesh
2024 Latest Caselaw 6089 MP

Madhya Pradesh High Court

Rajendra Singh Damor vs The State Of Madhya Pradesh on 28 February, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT INDORE
                            BEFORE
                HON'BLE SHRI JUSTICE VIVEK RUSIA
                   ON THE 28 th OF FEBRUARY, 2024
                   WRIT PETITION No. 7508 of 2023

BETWEEN:-
RAJENDRA SINGH DAMOR S/O SHRI UDAI SINGH
DAMOR, AGED ABOUT 52 YEARS, OCCUPATION:
SERVICE HOUSE NO. 303, BHEEL COLONY, INDORE
(MADHYA PRADESH)

                                                               .....PETITIONER
(SHRI L. C. PATNE, LEARNED COUNSEL FOR THE PETITIONER.)

AND
1.    THE STATE OF MADHYA PRADESH PRINCIPAL
      SECRETARY DEPARTMENT OF HOME (POLICE)
      VALLABH BHAWAN MANTRALAYA, BHOPAL
      (MADHYA PRADESH)

2.    SUPERINTENDENT OF POLICE DHAR (MADHYA
      PRADESH)

                                                            .....RESPONDENTS
(SHRI TARUN KUSHWAH, LEARNED GOVT. ADVOCATE FOR THE
RESPONDENTS/STATE.)

      Th is petition coming on for hearing this day, th e court passed the
following:
                                   ORDER

01. The petitioner has filed the present petition seeking quashment of the charge-sheet dated 2.3.2023 solely on the ground that on the same set of charges he is being prosecuted by the Criminal Court by way of ST No.147/2022 and also for the interim relief that till cross-examination of the prosecutrix the proceedings of the departmental inquiry be stayed.

02. Vide order dated 20.4.2023, this Court stayed the further proceedings

of the departmental inquiry.

03. Now, the trial in the criminal case has been concluded and vide judgment dated 13.9.2023, the Sessions Court, Dhar has acquitted the petitioner from the charges u/s. 376, 376(2)(n) and 450 of the IPC.

04. Learned Govt. Advocate submits that the charges in the departmental inquiry and the charges in the criminal case are altogether different.

05. Learned counsel for the petitioner tried to convince this Court that the charges are identical and once the petitioner has been acquitted, now he cannot be proceeded in the departmental inquiry and the charge-sheet is liable to be quashed.

06. In view of the above, this Court is refraining to make any comment at this stage. Prima facie, this Court is of the opinion that the charges are different. If any reasonings are given, that may affect the interest of the petitioner in the departmental inquiry. Any opinion given by this Court might be taken as a finding given by this Court. Let the petitioner raise all the aforesaid grounds before the disciplinary authority after conclusion of the trial.

07. With the aforesaid, this petition is disposed of. The petitioner is at liberty to file reply to the charge-sheet within a period of 15 days from today and the disciplinary authority shall consider the same and thereafter proceed with the departmental inquiry.

(VIVEK RUSIA) JUDGE Alok

Date: 2024.02.29 11:59:05 +05'30'