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Anjalee (LAW student)     24 January 2009

Whether Criminal Case can be filed...

Hi All,

I wanted a piece of advise on what grounds criminal case can be filed particularly when a civil case is already pending in any Court of Law?

Thanks & Regards,

Anjali

 



Learning

 14 Replies

Kuljit Pal Singh (Legal Professional)     24 January 2009

Dear Friend,


Criminal law and Civil law are two independent branches of law. so having civil case pending does not abrogate the right to file the criminal case.


Regards

Ajay kumar singh (Advocate)     24 January 2009

Sometimes civil and criminal both liabilities arise out of same wrong. Then both civil and criminal proceedings may be initiated at the same time. Please furnish all details. Only then the correct advice may be given.

Sanjeev Tewatia (Advocate)     25 January 2009

yes first give the full detail of the case

advocate jain (advocate)     25 January 2009

yes..........first give  the full details of  the case

advocate jain (advocate)     25 January 2009

yes. .........if there is differet cause of action

Abhishek (law student)     25 January 2009

well...Mr Kuljit Pal SIngh is absolutely ryt.....but thn too details are must...

Anjalee (LAW student)     25 January 2009

A is stating that he has been adopted via Datta Hom Vidhi by a widow of B. The widow has filed the civil case already in the High Court stating that there was no such adoption of A by her. One of the relief sought in the High Court with regards to adoption is to declare that A is not adopted son of the widow or her husband B. The civil case is still pending.


 


The widow has expired and her natural born daughter is pursuing the civil case. Now, the daughter wants to file a criminal case against A for creating a false story of adoption & creating documents for example Pan card, Passport etc to prove himself as adopted son. Can Widow’s daughter file a criminal case on forgery against A with regards to the above matter?

Kuljit Pal Singh (Legal Professional)     27 January 2009

Dear Friend,


Certainly in the given case widow's daughter can lodge criminal case of forgery of documents but the same claim should be backed by the substantial evidences else it will not be admitted. It is further to be noted that the pendency of such criminal case will not help in civil case.


Regards

Anjalee (LAW student)     27 January 2009

Dear Friends,


Thanks for going through my query and Kuljit thank you for the advise will keep in mind. 


 Rgds,


Anjalee


 


 

A.Mohamed Thaheer (ADVOCATE)     02 April 2009

You can file a criminal case also provided the respondent/accuse had committed any offence attractive any section in the I.P.C. For example. you can file a civil case for damages for defamation and at the same time, you can also file a criminal  case against the accused/respondent under section 499 of I.P.C.

B.N.Rajamohamed (advocate / commissioner of oaths)     04 April 2009

Certainly a criminal case can be filed in the basis of your facts.

ulhas hejib (service as a judge)     06 October 2009

YES IF AT ALL MENS REA I.E. CRIMINAL INTENTION IS CLEAR FROM SAME FACTS

yogesh (will tell you later)     06 October 2009

Both may be filed,In Criminal State initiates the action on the behalf of the complaint and iN cIvil Individual is the petitioner/plaintiff The Civil law will provide the petitioner relief on the damages but Criminal law will proscute the accused

Adinath@Avinash Patil (advocate)     07 October 2009

YOU CAN FILE CRIMNAL COMPLAINT CAN FILE FOR PUNISHMENT AND CIVIL SUIT FOR  DAMAGES/COMPENSATION.


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