9911796707
TMI Blog2002 (9) TMI 849X X X X Extracts X X X X X X X X Extracts X X X X ..... n. On that complaint, a case was registered in Crime No.50/88 under Section 228A IPC and Section 7(1)(d) of the Protection of Civil Rights Act. The case was entrusted to the Circle Inspector of Police who arrested Madhavan and the printing press was also searched on 12th February, 1988. It is contended that after the arrest at about 8.00 p.m., Madhavan was taken in police jeep to the police station and on the way he was assaulted by the policemen in the jeep. At about 8.30 p.m., he was put in lock up and on 13th February, 1988, he was produced before the Magistrate at Kannur. He complained that he was assaulted by the police and thereby he sustained injuries. After recording the aforesaid statement, the Magistrate enlarged him on bail. For taking treatment for the injuries sustained by him, he went to hospital and got himself admitted there. From there, he lodged an FIR which was registered as Crime No.52 of 1988 under Sections 143, 323, 324 etc. of IPC against the Sub- Inspector of Police, Kannur and also six or seven unidentified policemen. The case registered against Madhavan was quashed by the High Court. As there was no progress in the FIR registered by Madhavan, he moved the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re the High Court. It was, therefore, contended that as the suit was dismissed, the decision rendered by the Civil Court will prevail and therefore the criminal prosecution pending against the appellant and others is required to be dropped. The court rejected the said contention. Hence, this appeal. This Court on 9th November 1998, passed the following order : Since we are of the view that the Judgment of this Court in V. M. Shah v. State of Maharashtra and anr. [(1995) 5 SCC 767] which has been relied upon by Mr. Gopal Subramanium, learned senior counsel appearing for the petitioner, requires reconsideration, we refer this petition to a larger Bench for disposal. Let the record be placed before Hon. the Chief Justice for necessary orders. Thereafter, on 12th October, 1999, it was pointed out to this Court that the appeals filed against the dismissal of the suit are pending in the High Court of Kerala and therefore the court directed that it would be appropriate to await the judgment in those appeals before proceeding further with the case. The court adjourned the hearing of the matter and requested the High court to dispose of the said appeals expeditiously. At the time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts rejected the writ petitions on the sole ground that in view of the pendency of the criminal proceedings before some Courts in the State of West Bengal, it was inappropriate for the High Court to pronounce on the questions arising for decision in the writ petitions. The Court observed that the High Court after entertaining the writ petitions and hearing arguments on merits of the case should not have dismissed the petitions merely because certain consequential proceedings had been taken on the basis that the exports in question were illegal. If appellants were able to establish their case that the ban on export of maize from the State of Haryana had been validly lifted all the proceedings taken against those who exported the maize automatically fall to the ground. Their maintainability depends on the assumption that the exports were made without the authority of law. In context of those facts, the Court observed that the decisions of the civil courts are binding on criminal courts but the converse is not true. It is the submission of learned senior counsel Mr. Dholakia that in view of the well-settled principle, the High court ought to have dropped the prosecution against the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to any specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant. Such judgment, order or decree is conclusive proof that any legal character which it confers accrued at the time when such judgment, order or decree came into operation; that any legal character, to which it declares any such person to be entitled, accrued, to that person at the time when such judgment, order or decree declares it to have accrued to that person; that any legal character which it takes away from any such person ceased at the time from which such judgment, order or decree declared that it had ceased or should case; and that anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment, order or decree declares that it had been or should be his property. Section 42 with illustration reads thus : 42. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41 Judgments, orders or decrees other than those mentioned in section 41, are relevant if they rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the charges were actively disproved and the rest held to be unfounded in an enquiry held as a consequence of application to remove the respondent from his post of Receiver of the property. After considering the evidence which was recorded in the enquiry, the High Court quashed the proceedings and in that context the Privy Council observed that all this may be good ground for rejection of acquisition and dismissal of any prosecution launched upon if such a prosecution ultimately takes place and if the courts are then satisfied that no crime has been established and thereafter court observed thus: It is conceded that the findings in a civil proceeding are not binding in a subsequent prosecution founded upon the same or similar allegations. Moreover, the police investigation was stopped and it cannot be said with certainty that no more information could be obtained. But even if it were not it is the duty of a criminal Court when a prosecution for a crime takes place before it to form its own view and not to reach its conclusion by reference to any previous decision which is not binding upon it. Further, in M.S. Sheriff and anr. v. State of Madras and ors. [AIR 1954 SC 397] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... construing a statute like the Evidence Act, where any fact intended to be established has to be in accordance with the scheme of the Act, found to be relevant under a provision contained in the Act before it can be allowed to be proved, any argument based on plausibility can have no effect. I must therefore ignore any other consideration and confine myself strictly to the provisions of the Act. Thereafter, the Court referred to Sections 42 and 43 of the Evidence Act. After considering the said questions, the Court observed as under: Under S.40 of the Act, previous judgments are admissible in support of a plea of res judicata in civil cases or of autre fois acquit or autre fois convict in criminal cases. Judgments such as those whose relevancy we have been called upon to determine do not fall under this category. Nor can they fall under S.41 of the Act which only makes a final judgment of a competent Court, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, conferring upon, taking away from or declaring any person to be entitled to any legal character or to be entitled to any specific thing absolutely, relevant when the existence of any such legal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is country and to make it master not only of cases which it is called upon to adjudicate but also of cases which it is not called upon to determine and over which it has really no control. The fact is that the issues in the two cases although based on the same facts (and strictly speaking even parties in the two proceedings) are not identical and there appears to be no sufficient reason for delaying the proceedings in the criminal Court, which, unhampered by the civil Court, is fully competent to decide the questions that arise before it for its decision and where in the nature of things there must be a speedy disposal. In Kharkan and others v. The State of U.P. [(1964) 4 SCR 673], the Court observed thus: the earlier judgment can only be relevant if it fulfils the conditions laid down by the Indian Evidence Act in Sections 40 to 43. The earlier judgment is no doubt admissible to show the parties and the decision but it is not admissible for the purpose of relying upon the appreciation of evidence What emerges from the aforesaid discussion is (1) the previous judgment which is final can be relied upon as provided under Sections 40 to 43 of the Evidence Act; (2) in civil ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
