Sharad Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 6457 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-17100-2022 Sharad Sharma and others Vs. State of MP and another

Gwalior, Dated : 29/04/2022

Shri R.K. Sharma, Senior Counsel with Shri V.K. Agrawal,

Counsel for the applicant.

Ms. Kalpana Parmar, Counsel for the State.

This application under Section 482 of CrPC has been filed for

modification of order dated 15.02.2022 passed by this Court in

M.Cr.C. No.6385/2017.

It is submitted by the counsel for the applicant that while

deciding M.Cr.C.No.6385/2017, this Court has relied upon the

judgment passed by the Supreme Court in the case of Pratibha Devi

Vs. Rameshwari Devi and others reported in (2007) 12 SCC 369

and in paragraph 17 has held that any finding given by the Civil Court

is not binding on the Criminal Court, whereas as per the provision of

Sections 41 and 42 of the Evidence Act, the findings given by the

Civil Court or the decree passed by the Civil Court will be a relevant

fact, therefore, the order passed by this Court may be modified. It is

further submitted that since this application has been decided in the

light of limited scope of interference, therefore, it may also be

observed that any finding recorded by this Court shall not have any

bearing on the final outcome of the trial.

Heard the learned counsel for the applicant.

So far as the question as to whether the findings recorded by the

THE HIGH COURT OF MADHYA PRADESH MCRC-17100-2022 Sharad Sharma and others Vs. State of MP and another

Civil Court shall not have any bearing on the criminal Court is

concerned, the Supreme Court in the case of Kishan Singh v. Gurpal

Singh reported in (2010) 8 SCC 775, has held as under:-

"18. Thus, in view of the above, the law on the issue stands crystallised to the effect that the findings of fact recorded by the civil court do not have any bearing so far as the criminal case is concerned and vice versa. Standard of proof is different in civil and criminal cases. In civil cases it is preponderance of probabilities while in criminal cases it is proof beyond reasonable doubt. There is neither any statutory nor any legal principle that findings recorded by the court either in civil or criminal proceedings shall be binding between the same parties while dealing with the same subject-matter and both the cases have to be decided on the basis of the evidence adduced therein. However, there may be cases where the provisions of Sections 41 to 43 of the Evidence Act, 1872, dealing with the relevance of previous judgments in subsequent cases may be taken into consideration."

So far as the submissions made by the counsel for the applicants

that the findings recorded by this Court may prejudice the mind of the

Trial Court is concerned, the apprehension expressed by the counsel

for the applicant appears to be bonafide. Accordingly, it is observed

that whatever observations have been made by this Court in its order

dated 15.02.2022 passed in M.Cr.C. No.6385/2017 shall not have any

bearing on the final outcome of the trial as the observations have been

made in the light of the limited scope of interference at this stage and

the trial has to be decided on the basis of the evidence and material,

which would come on record. Accordingly, it is directed that any

THE HIGH COURT OF MADHYA PRADESH MCRC-17100-2022 Sharad Sharma and others Vs. State of MP and another

observations made by this Court in order dated 15.02.2022 passed in

M.Cr.C. No.6385/2017 shall not prejudice the mind of the Trial Court

in any manner and the Trial Court shall decide the trial strictly in

accordance with law on the basis of evidence and material which

would come on record.

With aforesaid observations, the application is partly allowed.

(G.S. Ahluwalia) Judge

Abhi ABHISHEK CHATURVEDI 2022.05.02 16:24:32 +05'30'