SHRI ABHASH CHANDRA DEY Vs. SHRI DURGA SAH

JUDGEMENT

(1.) This revision is directed against the order dated 4.9.81 passed by the learned Sessions Judge, Kamrup, Gauhati whereby the proceedings in Criminal Case No. 715 of 1978 in the Court of Additional Chief Judicial Magistrate, Kamrup, Gauhati were stayed.

(2.) Briefly, the facts giving rise to this revision are that the petitioner complainant had filed a complaint under sections 468/471/ 120(B) of the Indian Penal Code against the opposite party alleging that the opposite party had fraudulently forged a sale deed dated 10.3.76 in respect of 3 kathas of land, purporting to have been executed by the complainant's mother. After the complaint was filed, the complainant's mother had filed a civil suit which was Title Suit No. 70/78 in the Court of the Assistant District Judge at Gauhati, and sought declaration and recovery of possession of the suit land and injunction against the present opposite party. The opposite party then moved the learned trial Court for stay of the proceedings in the complaint case. The learned trial Court by order dated 4.2.81 rejected the prayer. Thereupon the opposite party filed a revision which was allowed by the learned Sessions Judge by the order dated 4.9.81 which is impugned in this revision.

(3.) Aggrieved, the complainant has come to this Court and Mr. A. R. Banerjee, learned counsel appearing on his behalf, has submitted that the learned Sessions Judge had grievously erred in staying the proceedings in the criminal case which should be expeditiously decided particularly when the matters in issue in the civil suit would not cover the questions raised in the criminal case where the question would be that whether the opposite party had committed the offences, as alleged, and that in any case the judgment in civil suit would not conclude the questions for consideration in the criminal case. On the other hand, Shri P. Pathak, learned counsel for the opposite party has supported the impugned order.