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Preetpal singh Guliani (ADVOCATE)     23 November 2008

quashing us 482 crpc

can a judgement of civil court put a bar to initiate criminal case or proceedings or can quash the FIR on that basis ? is there any good judgement on this point please tell

PREETPAL
ADVOCATE


Learning

 7 Replies

ashok kumar (advocate)     23 November 2008

friend


Civil courts judgement can not not put a bar but the judgement of civil court shall e read during trial. If the court has taken the cognizance then 482 of Cr.P.C. CANT NOT BE ENTERTAINED. If the title is decided by the civil court or the forged document is adjudicated during civil proceeding and the court found it forged then criminal proceeding shall go on. if it is not decided even then criminal proceeding shall go. on. Kindly refer the judgement of Iqbal Singh Marwah case [supra] . Also refer the case Shive Bahadur vs State of U.P. S.L.P. No. 12 [unreported judgement]


for more information plz write full conntents of the case / matter]


Ashok Dwiedy


Advocate

Vijay Kumar (Advocate)     23 November 2008

kindly give the citation of iqbal Singh Marwaha case.

Kiran Kumar (Lawyer)     25 November 2008

civil court judgment is not a bar as far as initiation of cirminal proceedings are concerned.


if the litigation was on the frivoulous and fraudulent basis then there is no harm in proceeding with the criminal action against the erring party.


as far as quashing is concerned all will depend upon the facts and circumstances of the case.


lastest judgments will be displayed soon.

ashok kumar (advocate)     25 November 2008

frnd


citation is this


2005(51)ACC 910


Ashok dwivedy adv

Vijay Kumar (Advocate)     28 November 2008

Ashok Kumar sir, I am based in Punjab. Kindly provide the full form of the report ACC, so that I may be able to find the judgment from the library. Thanks. 

Vijay Kumar (Advocate)     28 November 2008

Ashok Kumar sir, I am based in Punjab. Kindly provide the full form of the report ACC, so that I may be able to find the judgment from the library. Thanks. Or could you give its AIR equivalent.

ashok kumar (advocate)     28 November 2008

frnd


IQBAL SINGH MARWAH AND ANOTHER VS MEENAKSHI MARWAH AD ANOTHER


CRIMINAL APPEAL NO. 402 0F 2005


WITH CR.A. NOS . 904 AND 1069 -1070


MARCH 11  2005


2005[51] ACC 910[SUPREME COURT


ASHOK KUMAR DWIVEDY


ADVOCATE


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