What is the maintainability of a criminal proceeding when a civil dispute is also pending between co-sharers? What is the application of the principle of res judicata in criminal proceedings? How should a Magistrate apply their mind when taking cognizance of an offence based on a chargesheet?

Key Points: - A dispute between co-sharers regarding the extent of their respective shares must be determined in a civil suit (!) . - In a given case, a civil suit and a criminal proceeding can be maintainable and run simultaneously, but the result of one proceeding would not be binding on the court in the other (!) . - Cheating cannot be alleged in the absence of any contract or transaction between the complainant and the appellants (!) . - If a sale deed contains false assertions, the vendee should be the aggrieved party, not the co-sharers (!) . - When no prima facie offence is made out, the power under Section 482 CrPC should be exercised (!) . - The principle of res judicata has no application in a criminal proceeding (!) . - The High Court ought to exercise its powers under Section 482 CrPC when no prima facie case is made out (!) . - A Magistrate taking cognizance of an offence ought to have applied their mind to the chargesheet (!) . - The High Court should see whether a prima facie case is made out before dismissing an application under Section 482 CrPC (!) . - The appeal was allowed, and the court requested the concerned civil court to dispose of the civil suit expeditiously (!) .

What is the maintainability of a criminal proceeding when a civil dispute is also pending between co-sharers?

What is the application of the principle of res judicata in criminal proceedings?

How should a Magistrate apply their mind when taking cognizance of an offence based on a chargesheet?