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ashok kumar (advocate)     10 March 2008

criminal proceeding can not not be quashed mere pendency of civil suit

Sir

IF ANY BODY COMMITS FORGERY AND USED THE FORGED WILL AS GENUINE KNOWIN GLY IT IS FORGED AND FILES A CIVIL SUIT. THE RESPONDENTS LODGE ANM FIR THROUGH 156[3]CR.P.C. ACCUSED ARE CHARGE SHEETED.COURT TOOK COGNIZANCE AND SUMMONED THE ACCUSED .NOW THE SUPREM COURT SHOULD NOT QUSH THE SUMMONING ORDER AND CHARGE SHEET. IS THERE ANY LATEST CASE OF SUPREM COURT AFTER 2006 OF THREE JUDGES OF FULL BENCH. KINDLY HELP ME.

ASHOK KUMAR



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 3 Replies

Kiran Kumar (Lawyer)     05 April 2008

well friend its a basic law that civil and criminal proceedings can go together and findings of the civil suit have no bearing upon the criminal proceedings. there is a lot of law available on it.........certainly the SC wont quash the summoning order.

Rajesh Kumar (Advocate)     05 April 2008

In the present facts and circumstances of the case, a civil suit is pending to decide whether the will is genuine or not. If the court find that the will is genuine- it will certainly have a bearing on the criminla court decisions- and hence these proceedings are not independent. Since these proceedings are not independent, they cannot proceed together. The chargeshhet should be quashed on the face of it.

TSBehera (n/a)     06 April 2008

Please tell me whether forgery has been done pror to producing them in Civil Cort,in that case Complaint case is fully maintainable and this can not be quashed.Please refer to the JudgementCITATION: indlii2005SUP00561 CASE NO.: Appeal (crl.) 402 of 2005 PETITIONER: Iqbal Singh Marwah & Anr. RESPONDENT: Meenakshi Marwah & Anr. DATE OF JUDGMENT: 11/3/2005 BENCH: CJI R.C.Lahoti' B.N.Agrawal' H.K. Sema' G.P.Mathur & P.K.Balasubramanyan JUDGMENT BY: G. P. MATHUR, J. Supreme Court Case. You can contact me at TSBehera@Yahoo.co.in in case you find difficulties in getting the Judgement.I have with me the same in my computer stored. If the forgery done inside the court after same is produced ,complaint is not maintenable as the Civil Court shall make the complainant U/S 195 read with S.340 of Cr.PC 1973 . Any assistance required is welcome

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