Pendency of civil proceedings

Cognizable offences were committed by accused, for which trial was in progress, when Trial Court stayed proceedings till decision of civil suit and complainants were aggrieved of that order passed by Trial Court

Validity

Although civil liability was independent of criminal liability and no invariable rule existed to the effect that pending decision of civil suit, criminal proceedings must be stayed as it was purely matter of discretion, yet while exercising discretion, guiding principle was to see as to whether accused was likely to be prejudiced if criminal proceedings were not stayed

When it was clear from gist of materials available on record that criminal liability was dependent on outcome of civil litigation regarding matter in issue, then criminal proceedings must be stayed, particularly when dispute was with regard to title of property

Normally criminal proceedings should not be postponed pending decision of civil litigation connected with same subject-matter but where it was clear that criminal liability was dependant on result of civil litigation or was so prima facie connected with it which would give rise to serious danger of grave injustice being done in the case

Complainants had already instituted civil suits alleging fraud in attestation of general power of attorney by their father and matter was sub judice before civil court, therefore, Trial Court had rightly stayed criminal proceedings pending before him till final decision of civil suits instituted by complainants

Such order of Trial Court did not call for any interference by High Court in it revisional jurisdiction

Revision was dismissed in circumstances.