NAVED AHMED Vs. RAKESH KACKER

JUDGEMENT

(1.) The question raised in the present case is whether it can proceed before this Commission in the face of the parallel criminal proceedings initiated on the FIR of the complainant by the police.

(2.) We have heard learned Counsels for the parties at length.

(3.) According to the learned Counsel for the opposite party, if the opposite party files written statement in the present case then it will have to disclose the defence which will prejudice the opposite party in the defence to be set in a criminal case. According to the learned Counsel in a criminal case, the accused cannot be compelled to disclose his defence till the evidence of the prosecution is complete. According to learned Counsel if it has to file a written statement, then it may have to file all the documents which are required for his defence before this State Commission and in doing so the entire defence of the opposite party will be known to the complainant which will affect the merits of his case in the criminal proceedings. Learned Counsel for the opposite party has placed reliance on certain cases which shall be discussed presently.