01Facts
The petitioner, a candidate for the Indian National Congress in the 2016 Assembly Elections, allegedly claimed in a press conference and an election affidavit to have passed his B.Com examination from Dibrugarh University in 1981
pp. 2-3An FIR was lodged alleging that RTI queries revealed the petitioner had actually failed the examination, and that he had manufactured a forged marksheet to deceive voters
pp. 3-4Following an investigation, the police filed a charge-sheet under Sections 468/471 of the IPC, and the SDJM(S), Jorhat, took cognizance of the offences on 28.10.2020
pp. 4-5Meanwhile, the petitioner filed a civil suit (Title Suit No. 49/2017) seeking a declaration that his 1981 results and marksheet were correct
pp. 7-8The petitioner moved the High Court under Section 482 Cr.P.C. to quash the criminal proceedings, primarily arguing that the matter was civil in nature and pending adjudication
pp. 5-602Issues
i.1. Whether the criminal proceedings should be quashed on the ground that a civil suit regarding the authenticity of the educational qualification is pending
p. 25ii.2. Whether the informants had the locus standi to file an FIR in a matter pertaining to election documents
p. 6, 28iii.3. Whether the allegations in the FIR and the materials in the charge-sheet prima facie constitute the offences charged
p. 2503Law Applied
The court primarily applied Section 482 of the Cr.P.C. regarding the inherent powers of the High Court to quash proceedings
p. 5It relied on the "rarest of rare" guidelines for quashing established in State of Haryana v. Bhajan Lal, specifically noting that quashing is permissible only if allegations, taken at face value, do not constitute an offence
pp. 17-19It further applied the principles from Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra, which mandate that courts should not thwart investigations or scuttle proceedings at the initial stage unless they represent a miscarriage of justice
pp. 10-15Regarding the overlap of civil and criminal law, the court cited K.G. Premshanker v. Inspector of Police, holding that civil court decisions are not automatically binding on criminal courts unless they meet the criteria of Sections 40-43 of the Evidence Act
pp. 26-27Provisions in the judgment · 3
Code of Criminal Procedure Section 145, 155, 156, 173, 438, 482
Indian Penal Code, 1860 Section 468, 471
Indian Evidence Act, 1872 Section 40, 41, 42, 43
04Reasoning
The court reasoned that the criminal proceedings were no longer at the initial stage, as cognizance had already been taken and the matter was pending trial
p. 24It rejected the petitioner's argument that the pending title suit necessitated a stay or quashing of the criminal case, noting that criminal liability for forgery and cheating is determined independently of civil consequences
pp. 25-26The court observed that civil cases are decided on a "preponderance of evidence," whereas criminal cases require "proof beyond reasonable doubt," making the outcomes non-interdependent
p. 27Furthermore, the court found that the allegations in the FIR, supported by the RTI findings from Dibrugarh University, prima facie established a case for trial under Sections 468/471 IPC
p. 25The court also dismissed the locus standi argument, clarifying that any person can set the criminal law in motion by filing an FIR
p. 2805Holding
The court found no merit in the petition and refused to exercise its inherent powers under Section 482 Cr.P.C. to quash the proceeding
p. 28It held that the pendency of a civil suit does not bar a criminal prosecution for forgery, nor can a criminal case be kept in abeyance indefinitely awaiting a civil decree
p. 27The petition was dismissed, and the interim stay on the proceedings of G.R. Case No. 903/2016 was vacated
p. 28Original Court PDF
Rana GoswamivsThe State Of Assam And Anr
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