Scope of Section 249-A Cr.P.C. Running of civil and criminal proceedings simultaneously Running of disciplinary and criminal proceedings simultaneously Standard of evidence in civil and criminal proceedings

Key points in judgment

• Scope of section 249-A CrPC
• Running of civil and criminal proceedings simultaneously 
• Running of disciplinary and criminal proceedings simultaneously
• Standard of evidence in civil and criminal proceedings
• 
  
  
  

Criminal Procedure Code (V of 1898)---

----S. 249-A---Power of Magistrate to acquit accused at any stage---Second FIR---Civil and criminal proceedings---Scope---Accused assails dismissal of his application under S. 249-A, Cr.P.C.---Counsel for accused contended that the instant FIR was replica of earlier FIR, which was quashed by the High Court; that second FIR on same facts was barred under the law; that civil proceedings between the parties were also pending; that both civil and criminal proceedings could not go side by side and requests for stay of criminal proceedings till the decision of civil litigation by declaring that criminal proceedings were dependent upon the outcome of civil litigation---Second FIR was based on entirely different facts and premise---Even the nature of documents was different; therefore, it could not be termed as replica or verbatim of earlier FIR---Second FIR was proceed-able under the law---Question of inheritance was pending before the civil court, if the proof failed, party would lose the inheritance, would be deprived of the property and nothing more---Even after a criminal trial, a civil action on the same cause of action was not barred; neither principle of res judicata was applied nor question of autrefois acquit, autrefois convict (previously acquitted and previously convicted), arises---Order passed by Trial Court on application of accused was well reasoned and based on established principles of law---Criminal revision being devoid of merit was dismissed accordingly. 

 Administration of justice---

----Civil and criminal proceedings---Scope---Disciplinary and criminal proceedings can go side by side and there is no bar for their simultaneous prosecution.

Torts---

----Civil and criminal proceedings---Scope---If an offence is also an actionable wrong, affected person is not precluded to claim damages even though accused stood acquitted from criminal charge on same facts and such claim would neither be hit by principle of res judicata nor by double jeopardy.

Administration of justice---

----Civil and criminal proceedings--- Scope--- Standard of appraisement of evidence in criminal and civil cases is altogether different and findings of criminal court are not binding on civil court.

Administration of justice---

----Civil and criminal proceedings---Scope---Civil and criminal proceedings go side by side due to their ultimate outcome and difference in standard of proof---Even after civil proceedings, there is no bar for initiation of criminal proceedings and vice versa; evidence recorded in one proceeding cannot be read in other proceedings except in some cases where any question in criminal proceedings wholly and entirely depends upon the determination by civil court.

2022 PCrLJ 1050

Criminal Law, Criminal trial, Criminal proceedings, Acquittal, Criminal Jurisprudence, Administration of justice

Stages of Civil Suit

 STAGES OF CIVIL SUIT

Normally a civil suit has to travel through 17 main stages from institution of the suit till its judgment, they are as under :-

1) Institution of Suit

Order 4, 6 and 7

2 Issue of Summons

Order 5

3 Filing of Written Statement

Order 8

30

4 Examination of Parties

Order 10

10

5 Settlement of Despute

Section 89

6 Discovery & Inspection

Order 11

7 Admission

Order 12

8 Production of Documents

Order 13

9 Framing of Issues

Order 14

10 List of Witness

Order 16

11 Summons to Witnesses

Order 16 R 1 (4)

12 Settling Date

Order 16

13 Evidence of Parties

Order 18 R 4

r/w Order 17

----

14 Exhibiting of Documents

Order 18 R 4 (1)

Proviso

07

15 Cross-exam by parties

Order 18 R 4 (2)

----

16 Arguments

Order 18 R 2 (3A)

----

17 Judgment

Order 20

            Out of these 17 main stages the amended code does not speak about any time limit for Examination of Parties - Order 10, Settlement of Disputes - Section 89, Production of Documents - Order 13, Exhibiting of Documents - Order 18 R 4 (1) proviso and Arguments - Order 18 R 2 (3A), but in the rest of the provisions the amended code has given time limits in the provisions itself and we cannot ignore them so easily and without any rare and exceptional circumstances.

Now once a party has filed the suit then he has to comply all the provisions one by one within the stipulated time. If the table shown as above is effectively implemented then no prejudice is likely to be caused to either of the parties and it will be a milestone in disposing off the civil suit in a stipulated time and that too within the framework of law, respecting the intention of the legislature. Now it is for us to decide whether to follow the provisions or the practice while interpreting and implementing the provisions of amended code. 

In the amended code most of the provisions contains time limits for a particular stage. Maximum of the provisions are mandatory in nature and in very few of them the discretion lies with the court.

1. Plaintiff has to file the plaint complying the provisions in all respect as contemplated under Order 4 r/w Order 6 and 7 of the code.

2. Plaintiff has to issue summons within 30 days from the institution of suit.

3. After the service of summons defendant has to file his written statement within 30 days from the receipt of summons as per Order 8 R 1 of the code

4. No further time exceeding 90 days after date of service of summons be extended for filing written statement as per proviso to Order 8 R 1 of the code.

5. Within 10 days from the filing of written statement court has to examine the parties so as to explore the possibilities of compromise in between the parties and to refer the matter of settlement under section 89 of the code.

6. If parties fail to compromise the matter then court has to keep the matter for discovery and inspection within the time span of 7 – 10 – 10 – 3 days, as per Order 11 of the code.

7. Then to adjourn the matter for admission within the time span of 15 days as per Order 12 of the code.

8. Then parties have to file the original documents prior to framing of issues within the time span of 7 days, as per Order 13 of the code.

9. Court has to frame the issues within 15 days as per Order 14 of the code.

10. Parties have to file the list of witnesses within 15 days from the date of framing of issues as per Order 16 of the code.

11. Plaintiff has to issue summons to the witnesses either for adducing evidence or for production of documents within 5 days of filing of list as per Order 16 R 1 (4) of the code.

12. Parties have to settle the date of evidence as per Order 16 of the code.

13. Plaintiff has to file the affidavits of all his witnesses within 3 adjournments as per Order 18 R 4 r/w Order 17 of the code.

14. Court has to exhibit the documents considering their proof and admissibility with a reasoned order as per proviso to Order 18 R 4 (1) of the code.

15. Cross examination of the plaintiff and his witnesses on day to day until all the witnesses in attendance have been examined as per Order 18 R 4 (2) r/w Order 17 R 2 (a) of the code.

16. Defendant has to issue summons to the witnesses either for adducing evidence or for production of documents as per Order 16 R 1 (4) of the code.

17. Defendant has to file the affidavits of all his witnesses within 3 adjournments as per Order 18 R 4 r/w Order 17 of the code.

18. Court has to exhibit the documents considering their proof and admissibility with a reasoned order as per proviso to Order 18 R 4 (1) of the code.

19. Cross examination of the defendant and his witnesses on day to day until all the witnesses in attendance have been examined as per Order 18 R 4 (2) r/w Order 17 R 2 (a) of the code.

20. Parties have to conclude their arguments within 15 days from the completion of their respective evidence as per Order 18 R 2 (3A) of the code.

21. Court has to delivered judgment forthwith or on or before 30 days and not exceeding 60 days from the date of conclusion of the arguments as per Order 20 R 1 of the code.

Appointment Of Local Commission - Power Of Executing Court

Whether learned executing court is vested with the power to appoint local commission during the execution proceedings?”

Section 75 and Order XXVI

of the CPC has been elaborated by High Court.

Power of court to issue commissions is embodied in Section 75 of “CPC.

In furtherance Order XXVI of the Code ibid deals with the commissions and in terms of Rule 9 a court is vested with the power to appoint a local commission where it deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market value of any property, or the amount or any mesne profits or damages or annul net profits, with a direction to make such investigation and to report thereon. 

From the bare language of the above referred provision of law it is manifestly clear that power of the court to appoint local commission is restricted to the proceedings in the suit. It is not in dispute that the application under Order XXI Rule 32 of “CPC” comes under proceeding in execution. There is also no cavil to the proposition that the learned executing court is not a civil court. 

Learned Civil Judge during the execution proceedings cannot appoint local commission. The learned Civil Judge being the executing court was not vested with any power to appoint local commission.

2022 CLC 1719