MPSC scam: accused moves HC

His lawyer Samir Vaidya contended before Justice Kanade that since the first proceedings had been quashed,the second case merged with the earlier one could not survive.

The petition states that after the High Court quashed the first case,Shiware had moved a special court seeking discharge from the second case. The special court,however,rejected his application.

Shiware stated that the special judge erred in rejecting the application as the second chargesheet was also filed based on the same witness’s statement.

It’s further contended that petitioner cannot be prosecuted twice for the same offence since the same witnesses are relied upon. Due to this,the FIR is liable to be quashed,especially in the absence of sanction for prosecution as the petitioner is a government servant,contended his lawyer.

Shiware urged the court to call for the records and quash the case until which time the proceedings should be stayed. The court has now directed the state government to file a reply within two weeks.