INSTITUTE OF CHARTED ACCOUNTANTS OF INDIA Vs. ASSOCIATION OF CHARTED CERTIFIED ACCOUNTANTS AND OTHERS On 14 February, 2005

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Institute Of Charted Accountants Of India v. Association Of Charted Certified Accountants And Others

Institute Of Charted Accountants Of India
v.
Association Of Charted Certified Accountants And Others

(Supreme Court Of India)

Criminal Appeal No. 310 of 2005 (Arising out of SLP (Criminal) No. 4084 of 2004) | 14-02-2005

1. Heard counsel for the parties.

2. Leave granted.

3. The Petitioner has impugned the order of High Court dated 8.3.2004 whereby the proceeding in the complaint case was stayed pending disposal of the civil suit. It appears that the aforesaid order was passed on a statement said to have been made by counsel for the Respondent herein that he would plead guilty in the criminal case if in the pending suit injunction was granted.

4. The Petitioner has impugned the aforesaid order of the High Court and counsel for the Respondent concedes that the order be set aside. In these circumstances the impugned judgment and order of the High Court is set aside and the matter is remitted to the High Court to dispose of the impugned revision in accordance with law.

5. The appeal is allowed.

Advocates List

None.

Bench List

HON'BLE JUSTICE B.P. SINGH

HON'BLE JUSTICE ARUN KUMAR

Eq Citation

2006 (2) CRIMINALCC 989

(2005) 12 SCC 226

(2006) 1 SCC CRI 544

2006 (2) WLC 40

LQ/SC/2005/192

HeadNote

Criminal Procedure Code, 1973 — S. 401 — Revision — Stay of complaint case pending disposal of civil suit — Impermissibility of — Stay granted on a statement made by counsel for respondent that he would plead guilty in criminal case if in the pending suit injunction was granted — Impugned order set aside and matter remitted to High Court to dispose of impugned revision in accordance with law — Penal Code, 1860 — S. 340 — Civil Procedure Code, 1908, Or.2 R.1