Legal Question in Criminal Law in India

Re: issue pending in civil court,.Can it also continue in Criminal court

A civil case and simultanous criminal case on the same cause of action can be filed, initiated and continued and there is no impediment or legal prohibition to that. A criminal case stands on a separate and different footing and a case can be registered against the accused under the relevant sections of the penal law if the facts of the case satisfies the defination of the particular crime in question. Criminal court is not obliged to stop its proceedings merely because a civil dispute is pending pertaining to the same cause of action. However it can dismiss the criminal complaint at its inception or latter on after the evidence is adduced if the court finds that no criminal case is made out against the accused in question.

This is only a gist. (A book can be written pertaining to this subject. Any further assistence if required, can be had from me at my cell no. 9810410248, Himanshu Mitra, Advocate)

Re: issue pending in civil court,.Can it also continue in Criminal court

Dear sir,

There is no impediment as to continue with the Civil and crimianal cases on alleged forgery.

civil case is filed on the strength of provisions of Civil Proceedure code (cancellation of Sale deed or for declaration)if forgery is proved defendant will have no right over the property in future.

Criminal case is filed on the strength of provisions of I.P.C. if crime is proved accused has to under go punishment and penalty.

in both cases there is a provision for preferring an appeal.