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

 

 
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Legal Professional

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

 
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Advocate

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.

 
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Advocate

yes first give the full detail of the case

 
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advocate

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

 
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advocate

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

 
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law student

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

 
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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?

 
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Legal Professional

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

 
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Dear Friends,


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


 Rgds,


Anjalee


 


 

 
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