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2011 Supreme(All) 2567

SHRI KANT TRIPATHI
DEBOBROTO DUTTA – Appellant
Versus
SUNANDA GHOSH – Respondent


Advocates:
R.D. Tiwari and M.D. Singh Shekhar for the Applicants; Rohitashav Chakraborty, A.G.A. for the Opposite Parties.

Judgement Key Points

Certainly. Here are the key points derived from the provided legal document:

  • The case involves a petition under Section 482 of the Criminal Procedure Code seeking to quash criminal proceedings related to a complaint case involving charges under Sections 420, 467, 468, and 471 of the Indian Penal Code (!) (!) .

  • The complaint alleges that the accused colluded to forge a will with the intent to unlawfully acquire property, specifically involving the creation of a forged unregistered will purportedly executed after the death of the deceased (!) (!) .

  • The criminal charges include forgery, cheating, and the use of a forged document as genuine, with specific allegations of fraudulent creation and use of false documents and electronic records (!) (!) (!) .

  • The dispute also involves civil litigation, specifically a civil suit which has quashed the disputed will previously, but an appeal against that judgment is still pending (!) .

  • The legal principles establish that criminal and civil proceedings can proceed simultaneously if both liabilities are made out by the facts and circumstances of the case (!) (!) (!) .

  • It is emphasized that criminal proceedings generally have primacy over civil proceedings and should not be quashed solely because civil litigation is pending, especially when prima facie criminal charges are disclosed (!) (!) (!) .

  • The court reviewed relevant legal standards, noting that allegations of forgery and criminal intent, as presented in the complaint, are sufficient to justify the continuation of criminal proceedings despite ongoing civil cases (!) (!) .

  • The petition to quash the criminal proceedings was dismissed, but provisions were made for the petitioners to apply for bail within a specified timeframe, with the courts expected to consider such applications expeditiously (!) (!) .

  • The case underscores that the existence of civil disputes or pending appeals does not automatically bar or invalidate criminal proceedings if prima facie evidence indicates criminal conduct (!) .

Please let me know if you need a more detailed analysis or specific legal advice based on this document.


JUDGMENT

Hon’ble Shri Kant Tripathi, J.—Heard Mr. M.D. Singh ‘Shekhar’ learned senior counsel assisted by Mr. R.D. Tiwari for the petitioners, Mr. Rohitashav Chakraborty for the respondent No. 1 and learned AGA for the respondent No. 1 and perused the record.

2. This is a petition under Section 482 CrPC for quashing the proceedings of complaint case No. 22151 of 2010 (Km. Sunanda Ghosh v. Debobroto Dutta and others), pending under Sections 420, 467, 468 and 471 IPC in the Court of Chief Judicial Magistrate, Allahabad.

3. Mr. M.D. Singh ‘Shekhar’ submitted that according to the averments made in the complaint,the dispute was of civil in nature, therefore, criminal proceedings against the petitioners was not maintainable. Learned counsel further submitted that no doubt in the original suit No. 747/2001, Smt. Madhuri Ghosh and another v. Debobroto Dutta and another, the disputed will had been quashed but the appeal against the judgment of the lower Court is still pending, therefore the judgment of the Civil Court had no relevance for passing the summoning order in favour of the respondent No. 1. Mr. M.D. Singh ‘Shekhar’ next submitted that so long the civil suit was not decided finally,






















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