Can a document of civil proceedings....
Dr G V Rao
(Querist) 20 August 2012
This query is : Resolved
Dear Friends. An unregistered Will was filed by Plaintiff in a Civil proceedings for suit declaration. However the respondent having received the notice from Civil Court has filed a case in a Criminal Court against the Plaintiff u/s 420, 468, 471, and 506 IPC on grounds that the Will was a forged one. The respondent very cleverly did not mention of the pending suit proceedings in the Civil Court in the Criminal complaint. The Court passed the complaint to Police for investigation. The respondent has not filed a Counter in the main suit. My puzzle is that how can this be admissible when the same contention of forgery of a material document could have been raised during the Civil proceedings instead of Criminal proceedings. Can the Police recall the document from the file of the Civil Court for establishing the case. Please advice me.
Devajyoti Barman
(Expert) 20 August 2012
Both the case is maintainable.
However the decision passed in the civil court would be binding upon the criminal but the vice versa is not right.
