Stay of Criminal Proceedings

  1. Question requiring determination is whether an offence committed by any accused and the case challaned before the competent Court of Jurisdiction after investigation could be stayed or postponed on account of mere filing a civil suit. Held: An offence committed by any accused person has to be tried and decided in accordance with law unless the nature of the case is such which may depend upon the decision of civil suit irrespective of the fact whether a civil suit challenging the same subject matter has been filed. Raja Niaz Hussain  v. M. khurshid & 3 others 2005 SCR 411 (A)
  2. Cognizable offences were committed by the accused-respondents for which trial was in progress –Trial Magistrate postponed the proceedings till decision of civil suit — No ground whatsoever were given that how the fate of the case was dependent upon the decision of civil Court — Held: Both the proceedings are independent in nature — Criminal trial is being conducted on behalf of State against accused for committing offences — If proved accused are to be convicted and punished — Other proceedings in the nature of civil suit claiming damages to the property by setting vehicle on fire — Further held: Proceeding of challan or its ultimate decision would not bar the initiation of proceedings such as the suit for damages — Conversely civil suit would not be a bar for proceeding against a accused person. Raja Niaz Hussain  v. M. Khurshid 2005 SCR 411 (B) PLD 1969 SC 446, PLD 1986 SC 192, 2003 SCMR 338 & AIR 1957 A.P. 771, rel.
  3. Criminal proceedings cannot be postponed or stayed as both the civil and criminal are independent and are not dependent upon each other — Order passed by the trial Magistrate and dismissal of revision petition by the High Court being against law — Held: Not maintainable — Further held: Criminal case shall proceed in accordance with law. R. Niaz H. v. M. Khurshid 2005 SCR 411 (C)
  4. —Civil and criminal proceedings—during the pendency of civil suit, criminal proceedings in the same matter, can be initiated, however, where a question of bona-fide claim may legitimately arise and civil suit is instituted, it may be advisable to stay the criminal proceedings and result of the civil suit may be conclusive in matter. Sharoom Khan&another v. Justice of Peace & others 2022 SCR 267 (A)
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