kulwinder singh (officer) 23 February 2012

Starting case under section 209 crpc wile civil suit pending

The civil case is still pending (on witness stage). The Judge has dismissed the petitioner's prayer for an injunction on property and has written "concealment of material facts", "not coming to court with clean hands" and "abuse of process of court" in the judgment. Can I start proceedings under Section 209 crpc while civil is pending? Thank you in advance.

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(Guest)

Pls also check Section 415 of IPC for concealment of facts...that amounts to deception/cheating, hence punishable u/s 420 of IPC.

Yes a Criminal case can be filed even when the civil suit is pending and vice-versa. Both can proceed simultaneously as per umpteen judgements of the Hon'ble Supreme Court.