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1954 Supreme(SC) 52

S. R. DASS, B. K. MUKHERJEE, GHULAM HASAN, M. C. MAHAJAN, VIVIAN BOSE
M. S. Sheriff – Appellant
Versus
State Of Madras – Respondent


Advocates:
H.J.Umrigar, K.RAJAH IYER, M.S.K.AIYANGAR, R.Ganapathy Iyer, S.Subramania Iyer

Judgement Key Points

Based on the provided legal document, here are the key points:

  • The Supreme Court of India held that an appeal lies under Section 476-B of the Criminal Procedure Code from an order of a Division Bench of the High Court directing the filing of a complaint for perjury, as the High Court is deemed subordinate to the Supreme Court under the definition in Section 195(3). (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)
  • The Court clarified that the term "ordinarily" in Section 195(3) refers to the ordinary appellate forum for appealable decrees or sentences of the former court, not the general existence of a right of appeal to the Supreme Court. (!) (!) (!)
  • In determining whether to stay a civil suit pending the disposal of a criminal case on the same facts, the only relevant consideration is the likelihood of embarrassment to the accused. (!)
  • The Court ruled that criminal proceedings should generally take precedence over civil suits to ensure swift and sure justice, as civil suits often drag on for years and criminal justice requires prompt action while memories are fresh. (!)
  • However, this is not a hard and fast rule; special considerations in a specific case, such as a civil suit being near its conclusion, might justify not staying it, but in this instance, the civil suits were stayed. (!) (!)
  • The Supreme Court dismissed the appeal and the petition for special leave, ordering that Civil Suits Nos. 311 to 314 of 1951 be stayed until the conclusion of the prosecution under Section 193 of the Indian Penal Code. (!) (!)

Judgment

BOSE J. :

The question in this case is whether an appeal lies to this Court under section 476-B of the Criminal P. C. from an order of a Division Bench of High Court directing the filing of complaint for perjury.

2. Two persons, Govindan and Damodaran, filed petitions under S. 491, Criminal P. C. for release claiming that they had been illegally detained by two Sub-Inspectors of Police who are the appellants before us. Govindan said he was being detained by one Sub-Inspector and Damodaran said he was being detained by the other. Both the Sub-Inspectors said that the petitioners were not in their custody. The first Sub-Inspector, who was concerned with Govindan, said that Govindan had never been arrested by him and had not been in his custody at any time.

The other denied that Damodaran was in his custody. He admitted that he had arrested him at one time but Said that he had been released long before the petition. Each swore an affidavit in support of his return. In view of this conflict between the two sets of statements the High Court directed the District Judge to make an enquiry.

3. Considerable evidence was recorded and documents were field and the District Judge reported



























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