Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973:s. 309 - Prayer for stay of criminal proceedings pending probate case - Criminal case alleging the Will to be forged - HELD: Primacy has to be given to criminal case over civil. case - Orders of courts below declining to stay criminal .... proceedings need no interference, in view of the fact that criminal case was instituted much prior to initiation of probate proceedings and because of the conduct of the appellant and the stage in which the probate proceedings are pending - Practice and Procedure - Evidence Act, 1872 - s.41 - Constitution of India, 1950 - Article 136. Evidence Act, 1872:s. 41 - Pendency of probate case - Its effect on criminal case alleging the will to beĀ· forged - Held: Pendency of two proceedings, whether civil o' criminal, by itself would not attract the provisions of s. 41 - A judgment has to be pronounced - The genuineness of the will must be gone into - s. 41 would become applicable only when a final judgment is rendered - On facts, courts below rightly declined to stay criminal proceedings - Code of Criminal Procedure, 1973 - s.309. The appellant filed an application before the SubRegistrar, Hazaribagh, Jharkhand for registration of a will dated 3.5.1998 stated to have been executed by one Mst.'SA', and applied before the Delhi Development Authority for grant of mutation in respect of a property in Delhi on the basis of the alleged will. Mst. 'SM', the daughter of Mst. 'SA' also made an application to the ODA for grant B of mutation in respect of the Delhi property in her favour. Mst. 'SM' filed a civil suit in Patna questioning the genuineness of the will dated 3.5.1998,and also filed a criminal complaint u/ss 420/468/444/34 IPC in Delhi against the appellant alleging the will dated 3.5.1998 as c a forged one. The appellant filed an application for grant of probate in respect of the will dated 3.5.1998 before the Jharkhand High Court u/s 276 of the Indian Succession Act, 1925. The appellant first filed a writ petition before the Delhi High Court seeking to quash the criminal D proceedings and on its dismissal filed an application u/s 309 Cr.P.C. before the Metropolitan Magistrate seeking stay of the proceedings in the criminal case. The said application was dismissed. Appellant's revision petition also having been dismissed by the High Court, he filed E the instant appeal. Meanwhile Mst. 'SM' died after having executed a will in favour of respondent no.2, and the Delhi property was mutated in his name. He was impleaded as respondent no.2 in the appeal. It was contended for the appellant that a judgment in probate proceedings being a judgment in rem as envisaged u/s 41 of the Evidence Act, the criminal proceedings should have been directed to be stayed. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 290 |
Petitioner | Syed Askari Hadi Ali Augustine Imam & Anr. |
Respondent | State (delhi Admn.) & Anr. |
SCR | [2009] 3 S.C.R. 1017 |
Judgement Date | 2009-03-03 |
Case Number | 416 |
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