494ipc

Querist : Anonymous (Querist) 27 March 2010 This query is : Resolved
Sir,
kindly inform whether a pending civil suit can be an evidence in a criminal case filed u/s 494 ipc and aslo inform whether a criminal case u/s 494 filed before the police is acceptable?

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yogesh bawiskar (Expert) 27 March 2010
in pending civil case eveidence can be an used an criminal case. yes

Adv.Aiyer VLV (Expert) 27 March 2010
suit by itself is not evidence.

however, admissions in depositions under examination-in-chief and cross examinations, documents marked by court could be used as evidence.

civil and criminal proceedings can run parallel. anyone can start first. usually criminal proceedings are faster.

acceptability does not arise on any action enjoined by statute. if police registered FIR, it is initial stage. magistrate having scrutinised that ordering inquiry is when case is valid. if there is no offence in complaint, it could be dismissed by magistrate. police are duty bound to take complaints.

regards
VLV

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