Legal Question in Criminal Law in India

Criminal Case

We have filed criminal complaint in JMFC court u/s-630 of company act for wrongly withholding the company property by the accused.

Accused moved application before labour court on which labour court ordered that till the final out come accused can stay in the quarter.

On the basis of labour court order accused move a stay application before JMFC court to stay the criminal proceedings, but court rejected the same with a comment that criminal matter can only be stayed by District of High Court. Labour court has no power to stay the criminal proceedings of this court.

Now against the order of JMFC court accused moved to district court by way of Criminal revision application to quash the JMFC Court order and grant stay on Criminal Case till the final out come of Labour Court matter.

Kindly give me clarification on following points:-

a) Labour can court grant stay on criminal proceedings?

b) Labour court matter and criminal matter can be preceded simultaneously?


Asked on 5/19/09, 6:22 am

5 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Criminal Case

2)both matters can be proceeded simultaneously

1)No

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Answered on 5/20/09, 8:45 am
KAMAL GROVER

Re: Criminal Case

Criminal court has rejected the stay order because labour court has provide the stayed on vacation of permises till the final outcome/whatever amount is pending towards you. So your case will proceed in crimibal court as well as before labour court.

Regards

For more enquiry plz contact [email protected]

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Answered on 5/20/09, 9:40 am
Pranav Desai PD Legal & Associates

Re: Criminal Case

1) No

2) Yes

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Answered on 5/25/09, 3:25 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Criminal Case

You are rightly pursuing your remedy with the District Court. Go ahead. Good luck.

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Answered on 5/21/09, 11:08 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Criminal Case

From facts narrated, it appears that labour court stayed the order of the management of company to the employee to vacate the quarter and not the criminal proceedings.

Both matters can be proceeded simultaneously.

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Answered on 5/20/09, 2:12 am


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