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Lalita Kumari vs Govt.Of U.P.& Ors on 12 November, 2013

4. Referring to the judgment of Supreme Court in the cases 'Punit Beriwala v. State of NCT Delhi‟ and „Lalita Kumari v. State of UP‟ that pendency of civil proceedings is not a ground for refusing registration of FIR, if prima facie cognizable offences are made out, he has assailed the impugned order; that the trial court was swayed away by pendency of civil litigation, overlooking that trespass, assault and damage are independent criminal acts. The impugned order suffers from grave error as it denies the petitioner criminal remedy, despite availability of 'prima facie' case. The petitioner has no other effective remedy except to invoke the inherent powers of this Court under Section 528 BNSS, 2023, to seek quashment of the impugned order. It was finally prayed that the impugned order be set aside with a direction to the Court below to reconsider the application and pass appropriate orders, in accordance with law.
Supreme Court of India Cites 71 - Cited by 18813 - P Sathasivam - Full Document

Punit Beriwala vs The State Of Nct Of Delhi on 10 April, 2023

4. Referring to the judgment of Supreme Court in the cases 'Punit Beriwala v. State of NCT Delhi‟ and „Lalita Kumari v. State of UP‟ that pendency of civil proceedings is not a ground for refusing registration of FIR, if prima facie cognizable offences are made out, he has assailed the impugned order; that the trial court was swayed away by pendency of civil litigation, overlooking that trespass, assault and damage are independent criminal acts. The impugned order suffers from grave error as it denies the petitioner criminal remedy, despite availability of 'prima facie' case. The petitioner has no other effective remedy except to invoke the inherent powers of this Court under Section 528 BNSS, 2023, to seek quashment of the impugned order. It was finally prayed that the impugned order be set aside with a direction to the Court below to reconsider the application and pass appropriate orders, in accordance with law.
Supreme Court - Daily Orders Cites 0 - Cited by 0 - Full Document
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