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march 1954

Supreme Court of India · 1954-03-18

M. S. SHERIFF vs THE STATE OF MADRAS AND OTHERS.

Citation / case number
SC 1951/10
Court
Supreme Court of India
Petitioner
M. S. SHERIFF
Respondent
THE STATE OF MADRAS AND OTHERS.
Bench
MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,DAS, SUDHI RANJAN,BOSE, VIVIAN,HASAN, GHULAM

Judgment text excerpt

The Supreme Court held that an appeal is competent under Section 476B of the Criminal Procedure Code from a High Court's order directing the filing of a perjury complaint. The Court established that simultaneous civil and criminal proceedings regarding the same matter can embarrass the accused, thus criminal proceedings should generally take precedence and civil proceedings should be stayed until the criminal matter is resolved. The appeal was allowed, affirming the High Court's directive for prosecution for perjury.

M. S. SHERIFF vs THE STATE OF MADRAS AND OTHERS. · Niyam