Kolkata Court October 1880 Judgments

In Re: Mutty Lall Ghose and ors.

Court: Kolkata

Reported in: (1881)ILR6Cal308

Richard Garth, C.J.1. We think that there is no ground either for setting aside or for staying the criminal proceedings.2. We consider that the Full Bench decision of this Court in In the matter of the Petition of Bam Prasad Hazra (B. L. E., Sup. Vol., 426; s.c., 5 W. R., Mis., 24) is a direct authority for the position, that where criminal proceedings have been instructed by a District Judge against the parties or their witnesses in course of a civil suit, the High Court has no power to stay those proceedings until the decision of the Judge in the civil suit has been heard upon appeal.3. As regards the other point, we think that the ruling of the Court in the case of The Queen v. Baijoo Loll (I. L. R., 1 Cal., 450) has been somewhat misunderstood. It seems to be supposed from that ruling, that a Court, either civil or criminal, which has heard a case tried, has no right to institute proceedings under Section 471 of the Criminal Procedure Code against any of the parties concerned in th...