2021 M L D 564
(a) Criminal Procedure Code (V of 1898)---
----Ss.44 & 154---Quashing of FIR---Scope---Petitioners sought quashing of FIR registered under Ss. 420, 460 & 471, P.P.C., on the ground that FIR did not disclose commission of a cognizable offence; that the complainant had tried to convert civil litigation into criminal dispute and that the complainant could not have got the FIR lodged in the light of S. 44, Cr.P.C.---Held; criminal and civil litigation could proceed simultaneously---Section 44, Cr.P.C., was a special clause binding every person to provide information but did not bar that only the aggrieved person or a directly affected person could get the FIR lodged---Section 154, Cr.P.C., not only had much broader scope and implications but the same also was not to be considered as subservient to S.44, Cr.P.C.---Section 44, Cr.P.C., on the face of it placed an obligation only on the persons who became aware of the commission or intention of commission of certain offences, that they shall lay information to the concerned authorities and if he did not do so, then obligation would be on that person to come out with a reasonable excuse for his inaction in the above terms, whereas, S.154, Cr.P.C., comparatively carried large connotations as it covered every information, not limited to the specific sections, as had been done in S.44, Cr.P.C.---Both Ss.44 & 154, Cr.P.C., were meant to set the criminal law into motion to furnish legal basis for conducting investigation in a case of commission of cognizable offence---Constitutional petition was dismissed, in circumstances.
(b) Criminal trial---
---Civil and criminal litigation simultaneously---Scope---Criminal and civil litigation can proceed simultaneously, however, there exists only one probability that the decision of the civil suit has direct bearing on the criminal trial, then at the most proceedings in the criminal case can be stayed to wait for the ultimate fate of the civil suit.
(c) Criminal Procedure Code (V of 1898)---
----S.44---Public to give information of certain offences---Scope---Section 44, Cr.P.C., only binds "every person" that sooner he becomes aware of the commission or even intention of other person to commit any offence punishable under S.44, Cr.P.C., he shall forthwith give information to the nearest Magistrate, Justice of the Peace, or police officer of such commission or intention.
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