Civil law with criminal features

Mohan R (Querist) 09 February 2012 This query is : Resolved
Dear experts,
Can an application under Order 7 Rule 11 of CPC be used to dismiss any petition under any civil law having criminal features., like for example in petition under PWDV Act.
Rgds

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Devajyoti Barman (Expert) 09 February 2012
No, it is specifically mentioned in the PWDV Act that it would be guided by the provisions of CRPC and nor CPC.

Raj Kumar Makkad (Expert) 10 February 2012
There is clear distinction between civil and criminal laws and none overlaps each other hence applicability of CPC provision in the given Act is not possible.

M/s. Y-not legal services (Expert) 10 February 2012
agree with experts..

-tom-

Legal Fighter (Expert) 10 February 2012
no CPC applicability to PWDVA. Only CrPC is applicable and you can use 239 CrPC for seeking discharge from the case otherwise you can challenge its maintainability in Appeal before Session's court if you have sufficient grounds.