one cause of action for civil and criminal case
mahee
(Querist) 21 June 2010
This query is : Resolved
As a owner passion holder is right as per TP act u/s 53A part performance. He was repair the door of shop ,in between by force another person came to the shop and interfering the repairing job, he show that he is owner of shop and passion holder is tenet. As a landlord he file fir u/s 294 ,324,506B. second he file civil case for eviction on the basis of nuance. Criminal case decide and passion holder take right of self defence .
Civil case pending , we want to challenge that one matter of dispute is decided by court in criminal case the same matter again could not produce by way of civil case and one matter can not repeat for proceeding as per law.
barun deka
(Expert) 22 June 2010
usually criminal proceedings are quashed or stayed in view civil proceedings arising out of the same cause of action. but in your case where S.324 and S.506B has been imposed, i am of a strong belief that such serious offenses shall not quashed or stayed in view of the pendancy of civil suit for merely eviction on the ground of nuisance
mahee
(Querist) 22 June 2010
Thanks for your comments.
In my case criminal case was decided , prosecution failed to prove the charges.
At present only civil case of tenancy is pending. Due to this we want an objection that any cause of action decided by trial criminal court , again the same matter could not repeat for trial before the civil court, by the same party this is miss use of law ?
niranjan
(Expert) 22 June 2010
Civil and criminal cases can go togather.
