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Anrudh Kumar and anr. Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in65Ind.Cas.436
AppellantAnrudh Kumar and anr.
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), section 476, prosecution under, stay of, pending civil appeal - finding of criminal court--effect on civil appeal. - - it is agreed that it could not be brought on before at least six months, which may very well mean that it would not come into the list until october or november of nest year......in that matter is not relevant evidence to produce and bring before the bench. the civil appeal should and must be decided simply on the record as it comes up before the bench from the lower court, giving due weight, of course, to whatever observations the learned judge in the court below may have made as regards the evidence. but the fact that in a criminal proceeding anrudh kumar wag said to be innocent or said to be guilty of the charge of putting forward a forged will, is not a matter which in this court ought to be urged in argument or given weight to by judge. i am, therefore, unable to accede to this application. therefore, the stay order granted by mr. justice lindsay on the 24th of october 1921 must be discharged and the case will proceed.
Judgment:

Grimwood Mears, C.J.

1. This is an application on the part of Anrudh Kumar and Mahtab Singh that criminal proceedings which were ordered to be instituted by the Subordinate Judge of Dehra Dun may be stayed until the decision in this Court of a first appeal. I think myself that it is of importance that the Criminal Law should proceed with due expedition. I should, however, have been prepared to make the order if this first appeal could have been brought on in two to three months. It cannot, however, be so accelerated. It is agreed that it could not be brought on before at least six months, which may very well mean that it would not come into the list until October or November of nest year. In these cases where a Subordinate Judge, District Judge or Sessions Judge of experience makes an order that a party or witness shall stand his trial under Section 476 of the Indian Penal Code, it is of importance that the case should be dealt with promptly. There is no reason why the decision arrived at by the Magistrate who will ultimately try this case should have any effect upon the Bench who will hear the first appeal, and indeed I go further and say that the decision of the Magistrate in that matter is not relevant evidence to produce and bring before the Bench. The civil appeal should and must be decided simply on the record as it comes up before the Bench from the lower Court, giving due weight, of course, to whatever observations the learned Judge in the Court below may have made as regards the evidence. But the fact that in a criminal proceeding Anrudh Kumar wag said to be innocent or said to be guilty of the charge of putting forward a forged Will, is not a matter which in this Court ought to be urged in argument or given weight to by Judge. I am, therefore, unable to accede to this application. Therefore, the stay order granted by Mr. Justice Lindsay on the 24th of October 1921 must be discharged and the case will proceed.


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