Proceeding under Section 133, Cr.P.C. instituted while proceedings involving similar controversy were pending in a Civil Court. What proceedings are to be stayed?

Question: Proceeding under Section 133, Cr.P.C. instituted while proceedings involving similar controversy were pending in a Civil Court. What proceedings are to be stayed?

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Answer

Courts view is not constant on the point whether proceedings under Section 133, Cr.P.C. will be stayed or not. Where any proceeding is pending before any Magistrate under section 133 and any civil suit is instituted before any civil court on the same cause of action under section 91 of C.P.C. If the absolute remedies can be proved by any court in any particular law saught by parties, a subsequent suit under section 10 C.P.C. shall be stayed.

In the case of Rewa Chand v. Maqbool (1974 ALJ 328), and Suresh Prakash v. Krishna Swarup (1976 Cr.LJ 462), it was held the proceedings under section 133 are independent of civil proceedings it need not be dropped simply because civil suit could have been filed for the same relied on or because a civil suit has been filed.

But in the case of Gulam Rasool v. State (1978 ALJ 1288), Court held that where the applicant had moved the Civil Court and he can get relief the proceeding under section 133 is not proper.

In Brahmanand Rai v. State of U.P. [1991 Cr.LJ 3238 (All)], Allahabad High Court held that the pendency of a suit being accepted by the Court below it should be deemed to be reliable evidence in support of denial of public right.

In such a circumstance the proceedings under section 133, Cr.P.C. should remain stayed till final disposal of the civil suit.

If the remedies sought by the parties can not be awarded according to any particular law, two or more proceedings cannot be proceeded simultaneously for complete remedies as to that 138 N.I.A. and 420 IPC. In the latest decision of Allahabad High Court in the case of Rakesh Kumar v. State of U.P. 1994 CriLJ 289, it was held that proceedings under section 133 of Cr.P.C. are competent even during the pendency of a civil suit. However, the plea of denial of public right can be taken by the applicant before Magistrate, and Magistrate is bound to hold an inquiry into it, and on reliable evidence, proceedings can be stayed.

Thus from the discussion of the aforementioned case law, it is clear that proceedings under section 133, Cr.P.C. can be stayed during the pendency of proceedings involving similar controversy were pending in Civil Court.

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