SALMAN ASHRAF vs ADDITIONAL DISTRICT JUDGE, LAHORE Concurrent civil and criminal proceedings — 2023 SCMR 1292 SUPREME-COURT

Case information

Citation: 2023 SCMR 1292 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: SALMAN ASHRAF vs ADDITIONAL DISTRICT JUDGE, LAHORE Concurrent civil and criminal proceedings

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SALMAN ASHRAF VS ADDITIONAL DISTRICT JUDGE, LAHORE Concurrent civil and criminal proceedings---Stay of criminal proceedings---Principles---Object of a civil proceeding is to enforce civil rights and obligations while that of a criminal proceeding is to punish the offender for the commission of an offence---Therefore, both the civil proceeding and criminal proceeding relating to one and the same matter can be instituted and ordinarily proceeded with simultaneously---Although there is no bar to the simultaneous institution of both proceedings, the trial in the criminal proceeding may be stopped in certain circumstances---Guiding principle in this regard is that where the criminal liability is dependent upon or intimately connected with the result of the civil proceeding and it is difficult to draw a line between a bona fide claim and the criminal act alleged, the trial in the criminal proceeding may be postponed till the conclusion of the civil proceeding---Thus, where either of these two conditions is not fulfilled, i.e., where the subject matter of civil proceeding and that of criminal proceeding are distinct, not intimately connected, or where the civil proceeding is instituted mala fide to delay the criminal prosecution, not bona fide, the criminal proceeding may not be stayed.

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