Back
2018 Supreme(P&H) 1607
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURVINDER SINGH GILL, J.
Sat Narain - Petitioner
Versus
State of Haryana and others - Respondents
CRM-28375 of 2018 in/and CRM-M-46491 of 2017 (O&M)
Decided On : 16-08-2018
For the Petitioner:Mr. Raj Kumar Gupta, Advocate.
For the Respondents:Mr. Sandeep Vashisht, Deputy Advocate General, Haryana, Mr. Abhinav Jain, Advocate.
The main legal point established is the precedence of criminal matters over civil proceedings and the lack of relevance of conflicting decisions in civil and criminal courts for the stay of proceedings.
Headnote:
Stay Application - Criminal and Civil Proceedings - Indian Penal Code, 1860 Sections 420, 467, 468, 471, 120-B - The court discussed the simultaneous prosecution of criminal and civil proceedings, the relevance of conflicting decisions, and the precedence of criminal matters over civil proceedings. Key legal provisions include the interpretation of the likelihood of embarrassment and the need for swift and sure criminal justice.
Fact of the Case:
The petitioner was tried for offenses under the Indian Penal Code related to forgery of a WILL. A civil suit challenging the WILL was decreed, and an appeal is pending. The petitioner sought a stay of criminal proceedings during the pendency of the civil appeal.
Finding of the Court:
The court found no merit in the petitioner's request for a stay of criminal proceedings, citing the precedence of criminal matters over civil proceedings and the lack of prejudice to the petitioner due to the pendency of the civil appeal.
Issues: The main issue was whether the criminal proceedings should be stayed during the pendency of the civil appeal, considering the relevance of conflicting decisions in civil and criminal courts.
Ratio Decidendi: The court held that the criminal matters should be given precedence over civil proceedings and that the possibility of conflicting decisions in civil and criminal courts is not a relevant consideration for stay of proceedings.
Final Decision: The court affirmed the lower court's decision and dismissed the revision petition, finding no case for stay of criminal proceedings.
GURVINDER SINGH GILL, J.
CRM-28375-2018
By way of filing this application, a prayer has been made for preponing the date of hearing and for deciding CRM No. 24551 of 2018 along with the main case i.e. CRM-M 46491 of 2017.
In view of reasons mentioned in the application, the same is allowed and the matter is preponed and taken on Board today.
The learned counsel for the parties have no objection for hearing of the main case today itself.
The civil miscellaneous application stands accepted accordingly.
CRM-M-46491-2017 (O&M)
1. The petitioner Sat Narain along with others was tried by the Court of Chief Judicial Magistrate, Jind in respect of a complaint filed against him for offences under Sections 420, 467, 468, 471, and 120-B of Indian Penal Code, 1860 pertaining to forgery of a WILL propounded by the petitioner, allegedly executed by Chet Ram. The trial Court held the petitioner and others guilty of having committed offences punishable under Sections 420, 467, 468, 471 read with Section 120-B of IPC against which an appeal is pending in the Court of Additional Sessions Judge Jind. A civil suit in respect of the same matter had also been filed by the opposite side challenging the WILL, which was decreed and appeal against the same was also dismissed and presently RSA is pending in this Court. The petitioner moved an application before the lower Appellate Court praying therein that proceedings of the criminal appeal be stayed during pendency of RSA. The said application was, however, dismissed by the Court of learned Additional Sessions Judge vide order dated 2.11.2017 which has been assailed by way of filing this petition in this Court i.e. CRM-M 46491 of 2017.
2. Notice of motion had been issued by this Court on 6.12.2017. Subsequently, on an application (CRM No. 5582 of 2018) filed by petitioner, this Court while considering the matter regarding grant of interim stay of proceedings before the lower appellate Court, passed the following order on 16.2.2018 :-
“It is submitted inter alia on behalf of the petitioner that the Regular Second Appeal preferred by the applicant-petitioner against the judgment of the Appellate Court in the civil proceedings in which the impugned WILL is also the subject matter has now been actually listed for hearing before the appropriate Bench of this Court in the month of March, 2018, and that result of such appeal would have direct bearing on the fate of the present pending criminal proceedings. As such, a temporary stay is prayed for.
In view of the aforesaid submission, the Ld. Lower Appellate Court hearing the criminal appeal is directed to adjourn its proceedings beyond 28.03.2018. It is further clarified that there WILL be no extension of stay on the ground that the Regular Second Appeal got adjourned for some reason or the other.
Application stands disposed off.”
3. Thus, vide order dated 16.2.2018, it was specifically clarified that there shall be no extension of stay on grounds of the RSA not being taken up for hearing. The present case i.e. CRM-M 46491 of 2017 was however, adjourned on various dates and lastly vide order dated 17.5.2018, the case was adjourned to 18.9.2018. Subsequently, another stay application i.e. CRM No. 24551 of 2018 was filed, which is in fact similar to the earlier application i.e. CRM No. 5582 of 2018 seeking stay of proceedings of criminal appeal pending in the Court of Additional Sessions Judge, Jind. The said second stay application was initially adjourned to 9.8.2018 and then to 18.9.2018, which was the date fixed in the main case itself, which has been preponed and taken on Board today.
4. The learned counsel for the petitioner has submitted that the criminal appeal is now fixed for arguments before the Court of learned Additional Sessions Judge, Jind for tomorrow i.e. 17.8.2018 and that in case the proceedings of the said appeal are not stayed, then the p
