Crl. Misc. No.M-8892 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No.M-8892 of 2009
Date of Decision : 28.08.2009
Smt. Mukhtiar Kaur and others ...Petitioners
Versus
State of Punjab and another ...Respondents
CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA
Present: Mr. R.S.Bains, Advocate,
for the petitioners.
Mr. Kanwaljit Singh, Sr. Advocate, with
Mr. Harmanjeet Singh, Advocate,
for respondent No.2.
HEMANT GUPTA, J. (ORAL)
Learned counsel for the petitioners points out that this Court in
Crl. Misc. No.56359-M of 2003 at the instance of Gurvinder Singh and
Sukhbir Singh has stayed the criminal proceedings pending decision of
the civil suit. Similar is the order passed in Crl. Misc. No.41383-M of
2007 filed by Sukhbir Singh. But inadvertently in Crl. Misc. No.30353-
M of 2007, an order has been passed directing the trial Court to continue
with the trial. It is pointed out that the order in Crl. Misc. No.30353-M of
2007 is in contradiction with the earlier orders. Therefore, further
proceedings in the criminal complaints till the civil suit is decided,
require to be stayed.
After hearing the learned counsel for the parties and keeping in
view the orders passed in Crl. Misc. Nos.56359-M of 2003 and 41383-M
of 2007, it is fair and reasonable to stay the proceedings in the complaints
Crl. Misc. No.M-8892 of 2009 2
before the learned trial Court till such time the proceedings in civil suit
(now pending in RSA No.1653 of 2008) attain finality. After the decision
of the appeal, a liberty is given to the parties to seek revival of the
complaints and to seek appropriate orders from the competent Court.
The petition stands disposed of accordingly.
28.08.2009 (HEMANT GUPTA) Vimal JUDGE