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Criminal Revision No. 496 of 1957, decided on 17th December 1957.
Criminal case under S. 82 pending‑Civil suit brought under S. 77‑ Points in dispute common‑Criminal proceeding stayed.
Where in a complaint lodged under section 82 of the Registration Act and a civil suit filed under section 77 of the Act the points in dispute were common.
that in the suit brought under section 77 of the Registration Act, the points in dispute will be thrashed out and the proceeding in the criminal case should, an the interest of justice, be stayed pending the disposal of the civil suit.
M. Hakim with A. Quddus and Serajul Huq for Petitioners.
Heard the learned Advocate and perused the records. A complaint has been lodged under section 82 of the Registration Act by the Registrar of Nabinagar and a criminal case has been started therefrom. In the meantime the petitioners have filed a civil suit under section 77 of the said Act. The question is whether the criminal case should be stayed pending the disposal of the civil suit. The learned Advocate for the petitioners also prayed for quashing the proceedings in the criminal case, but no Rule was issued on this‑ petition. It is now agreed that there cannot be any question of quashing. The learned Advocate for the petitioners only prays for stay. Now, in the suit brought under section 77 of the Act, the points in dispute will be thrashed out, and the proceedings in the criminal case should, in the interest of justice, be stayed pending the disposal of that civil suit.
The Rule is accordingly made absolute but the prayer for quashing the proceedings is rejected.
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