Continue FIR and enquiry in property matter when civil case also filed

[Anonymous]

Dr. Dhamija Sir,

I have filed acomplaint against a person in police station who had fraudulently cheated me by selling some other property. now I O is about to file FIR. mean while he went to civil court for civil proceeding. Can the police officer can continue the enquiry and file FIR? please advice.

[Dr. Ashok Dhamija]

It is not clear from your question what is the purpose or the remedy for which the civil suit has been filed in the civil court. But, generally speaking, a civil case and a criminal case can be conducted simultaneously. A criminal case is for punishing the accused for the offence committed, whereas the civil case is for the civil remedy, such as recovery of money, etc.

Therefore, generally speaking, if there is an offence committed in the transaction mentioned by you, then FIR can be filed and investigation can be conducted even though a civil suit may be pending in the same matter, for example, for recovery of money. Both can be possible.

However, if there is a stay granted by any competent court on the FIR or on the investigation by police, then, of course, it may not be possible to continue FIR or investigation.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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