Delhi High Court Overturns Stay on Criminal Proceedings in Forgery Case, Need for Expeditious Trials

In a significant judgment, the Delhi High Court today overturned a previous decision that had put a stay on criminal proceedings pending the conclusion of related probate proceedings. The case, CRL.M.C. 1303/2014 & CRL.M.A. 4416/2014, involves allegations of forgery and fabrication connected to a will’s authenticity.

Justice Amit Sharma, presiding over the matter, highlighted the importance of expeditious conduct of criminal trials, stating, “The passage of time makes evidence stale and insipid. To avoid that it would be appropriate if the Trial Court proceed with the criminal trial as well simultaneously with the civil proceedings because there is no bar at proceeding with the criminal trial when the civil proceedings are also pending." This observation reflects the court's stance on balancing the integrity of criminal proceedings with ongoing civil cases.

The case revolves around FIR No. 171/2006, which was filed by petitioner Bimalendu Ghosh Dastidar, alleging forgery in a will bequeathed by his late father. The probate proceedings, which are central to the civil aspect of this case, were called into question for their impact on the criminal proceedings.

Justice Sharma noted the previous High Court’s directives, which advised expediting the probate proceedings rather than stalling the criminal case. He remarked, “Appropriate course for the petitioner would be to get the Probate proceedings expedited, rather than to get the criminal proceedings stalled or postponed.”

The decision to set aside the stay order and remand the matter back to the Additional Sessions Judge for reconsideration comes as a reminder of the criminal justice system’s commitment to timely and fair adjudication. The judgment underscores the principle that civil proceedings, such as probate cases, should not unduly hinder the progress of criminal trials.

Date of Decision: 5 December, 2023

BIMALENDU GHOSH DASTIDAR VS STATE & ORS