Law: Criminal Procedure Code (V of 1898)

Section: 344

Criminal Procedure Code (V of 1898), S. 344-Adjournment Criminal trial-Question of staying proceedings-To be decided on merits of each case-Criminal case and civil suit founded on self same matter pending indifferent Courts-Result of civil suit likely to have direct and vital bearing upon criminal prosecution of accused-Reasonable time could be allowed in fit case where decision in civil suit likely to render prosecution of accused, for all practical purposes, infructuous-Adjournment of criminal case indefinitely---- Against normal trend of Criminal Jurisprudence ; more so when it is uncertain how long civil suit will take to be decided-Civil suit pending decision for last 4 years and its position still not ascertainable-Criminal proceeding already stayed for three years, held, could not be held up further. Date of hearing : 23rd December 1969.   ORDER This is a Reference under section 438 of the Code of Criminal Procedure made by the learned Additional Sessions Judge, 3rd Court, Dacca, recommending to set aside an order dated 29-8-67 passed by Mr. M. A. Mannan, Magistrate, 1st Class Dacca, rejecting an application under section 344, Cr. P. C. for stay of further proceedings in a case under section 384/323, P. P. C. The facts leading to the reference are that the complainant brought a case under section 384/323, P. P. C. against the accused. The case was ready for hearing and a date was fixed for evidence. At this stage the accused filed a petition before the learned Magistrate under section 344, Cr. P. C. for stay of further proceedings of the said criminal case on the ground that a title suit (being T. S. No. 126- of 1966) between the parties on the self same matter is pending in the 2nd Court of Munsiff, Dacca and the result of that Civil suit is likely to have a direct and vital bearing upon the alleged guilt or otherwise of the accused in the criminal case and hence pending disposal of the title suit, the criminal case should be stayed, the learned Magistrate, however, rejected the petition by his order dated 29-8-67. The accused challenged the propriety and legality of the said order before the Sessions Judge, Dacca and the learned Additional…