Title: Jayaraj Choubey v. Dinesh Pujari.
Decide on October 11, 2023.
Case No. MISC. Criminal No. 9533 of 2022.
CORUM: HON’BLE JUSTICE VIVEK RUSIA.
Introduction
The single judge bench of Hon’ble Justice Vivek Rusia of the Hon’ble High Court of Madhya Pradesh held that the Trial Court has given no power in Cr. P. C. to stay its own proceeding. The Hon’ble High Court also clarified that “Once the charge sheet has been filed then accused either can be discharged or convicted by the Trial Court. There is no such provision to stay the tritrial by the Trial Court itself. At the most High Court by exercising power under Section 482 of Cr.P.C. or Superior Jurisdictional Revisional Power can quash or stay the proceedings but Trial Court itself cannot stay the proceedings…”.
Facts of the case
The petitioner Jayaraj Choubey filed the present petition challenging the order dated 21.10.2021. of learned 7th Additional Session Judge District Ujjain stayed the proceedings of S.T. No. 407/2019 on application filed by respondent. The present petitioner filed a complaint U/S 420, 467, 468 and 468 of IPC. Alleging the respondent/accused forged the agreement to sale and Rs,1,50,000/- also fabricated by respondent in attempt to grab hold on petitioner’s land.
Court’s observation
On dated 03.11.2017, the court found prima fecie and took cognizance and summoned the respondent. The respondent filed a suit for specific performance before civil court. In seeking decree of specific performance of contract on dated 20.04.2003. The said suit had dismissed and against which first Appeal No. 319/2017 is pending before this court for adjudication. In Misc. Criminal Case No.57102/2021 titled as Kailash Vs. Arjun Singh and others (Order dated 21.04.2022), the Coordinate Bench of this Court after relying the judgement passed by the Apex Court set aside the order of rejecting the complaint due to pendency of Civil Suit and directed Magistrate to proceed in accordance with law. There is no definite time period in which First Appeal No.319/2017 would be decided by this Court and if the Trial remain stayed for years together, the memories of complainant and respondent may be fade and witnesses would not be available or possibility of their hostility cannot be ruled out, therefore, the trial court has committed an error in staying the proceedings of trial by travelling beyond its jurisdiction. In view of above, the order dated 21.10.2021 is set aside. Trial Court is directed to proceed further with the trial in accordance with law.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by: Aamir Hussain.
click here to view your judgement
