STATE OF PUNJAB Vs. HIRA SINGH

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. filed by the State of Punjab, against the accused-respondents, seeking the quashment of the order dated 9.7.1998, passed by the Judicial Magistrate Ist Class, Ludhiana, staying the proceedings in the criminal case against the accused-respondents, till the decision of the civil suit petition between the parties.

(2.) THE facts in brief are that a case was registered against accused- respondents Hira Singh etc. After completion of the investigation, the State had filed challan against accused-respondents Hira Singh etc. under Sections 457/380/427/506/148/149 IPC. During the pendency of the proceedings before the Judicial Magistrate, accused-respondents Hira Singh etc. moved an application, in the case State v. Hira Singh etc., for staying the proceedings in the said case till the decision of the civil suit, titled as "Hira Singh v. Mohan singh". It was alleged in the application that the accused had a good prima facie case and they were likely to succeed in the said civil suit pending between the parties. It was alleged that the criminal case was got registered on the basis of the false allegations against them. It was accordingly played that the proceedings in the criminal case be stayed till the decision of the civil suit. The said application of the accused- respondents was contested by the State by filing written reply and alleging therein that the police had rightly registered the case against the accused and that the accused had no prima facie case in their favour and that the criminal proceedings could not be stayed, as both the remedies i.e. civil and criminal, were not mutually exclusive and essentially differ in their content and consequences and there was no bar of continuation of criminal proceedings. After hearing the both sides, the learned trial Magistrate, stayed the proceedings in the criminal case, till the decision of the civil suit, vide order dated 9.7.1988, passed by the learned Judicial Magistrate. The said order of the learned Judicial Magistrate was challenged by the State of Punjab before the Sessions Court, by way of revision petition. However, the learned Additional Sessions Judge, vide order dated 27.4.2000, dismissed the said revision petition, holding that the order passed by the Judicial Magistrate was interlocutory in the nature and the revision was not competent, in view of the bar of Section 397(2) Cr.P.C. Accordingly, the revision petition was dismissed being not maintainable. Thereupon, the State of Punjab filed the present petition under Section 482 Cr.P.C. in this Court, challenging the legality of the order dated 9.7.1998 passed by the Judicial Magistrate, vide which the learned Magistrate had stayed further proceedings in the criminal case, till the decision of the civil suit.

(3.) THE learned counsel for the State of Punjab (petitioner), assisted by the learned counsel for the complainant, submitted before me that the proceedings before the trial Court could not be stayed merely on the ground that the civil proceedings are also pending between the parties. Reliance has been placed on the law laid down by the Hon'ble Supreme Court, in the case reported as Usha Ahuja v. State of Haryana and others, JT 1999(6) SC 204 : 1999(4) RCR(Crl.) 52 (SC). On the other hand, the learned counsel for the accused-respondents submitted before me that the learned Magistrate had rightly ordered the staying of criminal proceedings and no case for interference by this Court in the present petition under Section 482 Cr.P.C. was made out.