Niyam v2 is live — start for just ₹100 — 200 credits to try

may 1996

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.

P.S. RAJYA vs STATE OF BIHAR · Niyam