quesPending criminal investigation.

Writ petition was filled praying for cancellation of appointment on the ground of the use of forged certificates. During the continuation of writ petition, a criminal case was filled on same reasons and is registered. Whether writ petition can stayed till the disposal of criminal case on same issue.

  • ansThe writ petition and the criminal case have no nexus with each other. In writ petition the court is concerned with the validity of appointment, whereas the criminal prosecution is initiated to set in motion the criminal law against the accused. The criminal case has no bearing on the writ proceedings before the High Court. So the writ petition cannot be stayed on the ground that the criminal case has been filed. If overwhelming evidence of forgery is shown to the HC the appointment may be struck down as illegal.

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Criminal Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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