Madras High CourtCRL RC/207/2008closed

Lydial v. Manzoor

2015-10-27Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2015 Coram THE HONOURABLE MR. JUSTICE B. RAJENDRAN Crl.Revision Case Nos.207 and 208 of 2008 and M.P.Nos.1 and 1 of 2008 Lydial ... Petitioner in both the cases

Versus

Manzoor ... Respondent in Crl.R.C.No.207/2008 C.S.Raman @ C.S.Ram ... Respondent in Crl.R.C.No.208/2008 Criminal Revision Cases filed under Section 397 read with Sec. 401 of Cr.P.C. against the order dated 27.11.2007 passed by the learned Chief Metropolitan Magistrate, Egmore, Chennai in Crl.M.P.Nos.4115 and 4116 of 2005 in C.C.No.6894 of 2005. For Petitioner :

Mr.S.Saravanakumar in both Crl.R.Cs.

COMMON ORDER These two Criminal Revision Cases have been filed by the defacto complainant aggrieved against the order of acquittal passed by the Court below in discharging the respondents herein from the alleged offence under Sections 120B, 342, 427, 447 and 506(ii) of IPC.

2. When the matter is taken up today for hearing, learned counsel appearing for the petitioner would submit that civil suits are pending between the parties regarding the title of the property and his only apprehension is that if any observation is made in the revision cases, it may affect the petitioner's civil right or legal right over the ownership of the property. Accordingly, he would submit that since the parties have to abide only by the final order to be passed in the pending civil suits, both these criminal revision cases may be closed. https://hcservices.ecourts.gov.in/hcservices/

3. It is needless to state that once the matter is seized off by the civil Court, the parties have to abide by that only. Therefore, the petitioner need not have any apprehension. Further, any judgment passed in the Criminal court will not bind the civil court; whereas any judgment that is passed in the civil court is binding on the criminal court.

4. Taking into consideration the fact that civil suits are pending, without going into the merits of the case, both these Criminal Revision cases are closed. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vj2 To The Chief Metropolitan Magistrate, Egmore, Chennai Crl.R.C. Nos.207 and 208 of 2008 MSM(CO) CA(17/11/2015) https://hcservices.ecourts.gov.in/hcservices/