Staying writ petition pending criminal investigation on same issue
Writ petition was filled praying for cancellation of appointment on the ground of the use of forged certificates. During the continuation of writ petition, a criminal case was filled on same reasons and is registered. Whether writ petition can stayed till the disposal of criminal case on same issue. Need relevant Supreme Court judgement by 1st Sept 2014
Asked 2 years ago in Criminal Law from Guwahati, Assam
Both the writ petition and the criminal case can go simultaneously. There is no scope for stay of writ petition.
If there is prima facie evidence of forgery, the writ petition is likely to succeed at least directing the Department concerned to cause internal inquiry.
It can go on simultaneously and separately. You can stay it you can only file a petition to quash it proving to be false case.
1. The writ petition and the criminal case have no nexus with each other. In writ petition the court is concerned with the validity of appointment, whereas the criminal prosecution is initiated to set in motion the criminal law against the accused. The criminal case has no bearing on the writ proceedings before the High Court. So the writ petition cannot be stayed on the ground that the criminal case has been filed.
2. If overwhelming evidence of forgery is shown to the HC the appointment may be struck down as illegal.
criminal case is for conviction to accused for forgery. writ petition is to struck down the appointment. so both can run together one can not be ground to stay another
Advocate, Greater Noida
In my opinion the question is wrongly put The question should be whether writ petition is maintainable when the question of forgery is being examined in a criminal court My opinion is that writ petition is not maintainable the question of forgery having taken place is disputed and is of technical nature It has to be examined by experts evidence A writ petition is not maintainable if the disputed facts are involved.
You don't require any judgments to raise objection of maintainability in such cases
Advocate, New Delhi
1. Writ Petition can not be stayed,
2. It is decided fast and if the Writ Court finds that there is forgery on the face of it, it may pass appropriate order/direction based on the relief sought.
Both writ petition and criminal case can go simultaneously.In writ petition the court is concerned with the validity of appointment whereas criminal case is concerned with conviction of forgery.
Advocate, New Delhi