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Institution of civil case is no bar for criminal proceedings; SC.

Supreme Court of India

Justice U U lalit and Justice Vineet Saran

The SC {K. JAGADISH v. UDAYA KUMAR G.S. & ANR.} holds that it is thus well settled that in certain cases the very same set of facts may give rise to remedies in civil as well as in criminal proceedings and even if a civil remedy is availed by a party, he is not precluded from setting in motion the proceedings in criminal law.

It was further held that the High Court was not justified in quashing the proceedings initiated by the appellant against the respondents. Further held that the Criminal cases have to be proceeded with in accordance with the procedure as prescribed under the Code of Criminal Procedure and the pendency of a civil action in a different court even though higher in status and authority, cannot be made a basis for quashing of the proceedings.

In the present case, the criminal proceedings so launched by the appellant were quashed by the High Court while entertaining a petition filed by the respondent No.1 herein under Sec 482 of the Code of Criminal Procedure - which judgment of the HC was set aside by the SC.

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