SYED ASKARI HADI ALI AUGUSTINE IMAM & ANR. versus STATE (DELHI ADMN.) & ANR.

SYED ASKARI HADI ALI AUGUSTINE IMAM & ANR. versus STATE (DELHI ADMN.) & ANR.

Stay of criminal proceedings pending probate proceedings is not warranted since the criminal case was instituted much prior to the probate proceeding, and in view of the conduct and delay by the appellant, primacy is to be given to the criminal case; Section 41 of the Evidence Act applies only upon pronouncement of final judgment.

Parties
Appellant: Syed Askari Hadi Ali Augustine Imam; Respondent No.2: Faiz Murtaza Ali; Respondent No.1: State (Delhi Administration)
Jurisdiction
India
Judgment Date
03 March 2009
Procedural Posture
Criminal Appeal / Appeal Against Order of High Court in Criminal Revision; Supreme Court Decision
Outcome
Appeal dismissed
Legal Topics
Pendency of Probate Proceedings Vis a Vis Criminal Case, Primacy of Criminal Over Civil Proceedings, Forgery of Will, Stay of Criminal Proceedings Pending Civil Case, Judgment in Rem Under Evidence Act
Criminal Law Civil Procedure Evidence Law Practice and Procedure Succession Pendency of Probate Proceedings Vis a Vis Criminal Case Primacy of Criminal Over Civil Proceedings Forgery of Will +2 more

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Parties

Syed Askari Hadi Ali Augustine Imam

Appellant

Faiz Murtaza Ali

Respondent No.2

State (Delhi Administration)

Respondent No.1

Procedural Posture

Criminal Appeal / Appeal Against Order of High Court in Criminal Revision; Supreme Court Decision

Legal Issues

  1. 1 Effect of pendency of probate proceedings on related criminal proceedings alleging forgery of the Will
  2. 2 Whether the criminal proceedings should be stayed pending the outcome of the probate proceedings

Ratio Decidendi

Stay of criminal proceedings pending probate proceedings is not warranted since the criminal case was instituted much prior to the probate proceeding, and in view of the conduct and delay by the appellant, primacy is to be given to the criminal case; Section 41 of the Evidence Act applies only upon pronouncement of final judgment.

Court Disposition

Appeal dismissed

Orders

  • No stay granted on criminal proceedings pending probate case
  • No interference with orders of Metropolitan Magistrate and High Court