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2013 Supreme(SC) 426

R.M.LODHA, S.A.BOBDE
GURU GRANTH SAHEB STHAN MEERGHAT VANARAS – Appellant
Versus
VED PRAKASH – Respondent


Judgement Key Points

Based on the provided legal document, here are the key points regarding the stay of civil proceedings pending a criminal case:

  • The Supreme Court held that the possibility of conflicting decisions in civil and criminal courts cannot be considered a relevant consideration for staying civil proceedings, as the law envisages such an eventuality. (!) (!) (!) (!)
  • There is no hard and fast rule mandating that civil proceedings must be stayed until the disposal of a criminal case; the primary relevant consideration is the likelihood of embarrassment to the accused. (!) (!) (!)
  • In the specific facts of this case, the stay was unjustified because the defendants had already filed their written statement and issues had been framed, meaning there was no likelihood of embarrassment to them. (!)
  • Findings or outcomes arrived at by the civil court will not prejudice the defense of the respondents in the criminal proceedings. (!)
  • Sections 40 to 43 of the Evidence Act, 1872 govern the relevancy of judgments between civil and criminal courts, but a judgment in a criminal case is not conclusive proof unless it falls under specific categories like probate or insolvency jurisdiction. (!) (!) (!) (!) (!)
  • The High Court's order staying the civil suit was set aside, and the civil suit is directed to proceed further in accordance with the law. (!)

JUDGMENT

R.M. Lodha, J.:- Leave granted.

2. The short question for consideration in this appealby special leave is whether High Court was justified in staying the proceedings in civil suit till the decision in criminal case.

3. It is not necessary to narrate the facts in detail. Suffice it to say that the appellant filed an FIR (P.S. Case No. 8 of 2003) at Dharampura Police Station against respondent nos. 1 to 4 for commission of the offences under Sections 420, 467, 468 and 120B, IPC alleging that they had executed a false, forged and fabricated will on 02.07.1997 in the name of late Devkinandan Sahay with the intention to grab his property. It was further alleged that based on the fabricated will, these respondents had obtained a mutation order dated 24.11.1999 from the Tehsildar, Ajaygarh. On completion of investigation in the above F.I.R., the challan has been filed against the above respondents and trial against them is going on in the Court of Judicial Magistrate, First Class, Ajaygarh, Panna (M.P.).

4. On 09.02.2004, the appellant brought legal action in representative capacity against the respondents nos. 1 to 4 by way of a civil suit in the Court of District Judge, Panna




























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