Supreme Court of India · 1996-05-09
P.S. RAJYA vs STATE OF BIHAR
- Citation / case number
- SC 1993/89365
- Court
- Supreme Court of India
- Petitioner
- P.S. RAJYA
- Respondent
- STATE OF BIHAR
- Author
- VENKATASWAMI K.
- Bench
- VENKATASWAMI K.
Judgment text excerpt
The Supreme Court held that the prosecution against the appellant under Section 5(2) read with Section 5(1)(e) of the Prevention of Corruption Act, 1947 was unjustified due to the prior exoneration in departmental proceedings based on a report from the Central Vigilance Commission. The Court emphasized that the principle of double jeopardy applies, and the Special Judge's cognizance was taken without adhering to the High Court's directive for a preliminary inquiry. Consequently, the appeal was allowed, and the prosecution was quashed.