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PETITIONER: M. S. SHERIFF
Vs.
RESPONDENT: THE STATE OF MADRAS AND OTHERS.
DATE OF JUDGMENT: 18/03/1954
BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN MAHAJAN, MEHAR CHAND (CJ) MUKHERJEA, B.K. DAS, SUDHI RANJAN HASAN, GHULAM
CITATION: 1954 AIR 397 1954 SCR 1229 CITATOR INFO : RF 1956 SC 391 (22) D 1961 SC 181 (5)
ACT: Criminal Procedure Code (Act V of 1898), s. 476B-Whether appeal competent to the Supreme Court from an order of Division Bench of High Court directing the filing of a complaint for perjury.
HEADNOTE: Held that an appeal is competent to the Supreme Court under s. 476B of the Code of Criminal Procedure from an order of a Division Bench of a High Court directing the filing of a complaint for perjury. Also held that the simultaneous prosecution of civil and criminal proceedings regarding the same matter is likely to embarrass the accused and so ordinarily, and in the absence of special circumstances, the criminal proceedings should be given precedence and the civil proceedings should be stayed pending the termination of the criminal.
JUDGMENT: CRMINAL APPELLATE JURISDICTION: Case No. 281 of 1951. Appeal under article 132 of the Constitution of India from the Judgment and Order dated the 1st August, 1951, of the High Court of Judicature at Madras in Criminal Miscellaneous Petitions Nos.1261 and 1263 of 1951. K. Raja...