Judgment ( 1. ) IN applicant/complainants Private Complaint Case bearing Criminal Case No. 212 of 2006 the learned Judicial Magistrate First Class. Sendhwa, District Badwani vide impugned order dated 17. 09. 2007 has ordered posponement of further proceedings till the disposal of Writ Petition No. 2169 of 2006 which pends in this Bench of the High Court, hence this application by the complainant/applicant under Section 482 of the Code of Criminal Procedure praying that the above order be quashed. ( 2. ) IN election to the reserved category of Samiti, Sendhwa the applicant lost to the Respondent No. 2. She filed private complaint against the Respondent No. 2 in the Court of Judicial Magistrate First Class, Sendhwa for proceeding under Section 420 of the Indian Penal Code on the premise that she deceitfully showed her as obc by birth whereas she was born in Agarwal family and was only married to an OBC Dipak Malviya. The applicant also seems to have filed an election petition touching the same matter. The learned Trial Magistrate taking cognizance of the complaint for offence of Section 420 of the Indian Penal Code issued process to the Respondent No. 2. On her entering appearance therein the learned Trial magistrate proceeded up to the stage of consideration of framing of charge. By that time the election petition mentioned above had been dismissed and against it the above writ petition had been brought and admitted by this Bench for hearing parties. The learned Trial Magistrate formed an opinion that in the said writ petition also the question of social status of the Respondent No. 2 was involved, therefore, it was expedient in the interest of justice to pospone further proceedings in the complaint case till the decision of the writ petition, thus he passed the impugned order, feeling aggrieved thereby the present application has been brought by the complainant/applicant. ( 3. ) HAVING heard arguments, I have gone through the record of the case. have reached the conclusion that the impugned order cannot survive. My reasons for the same are as below. ( 4. ) THE Divisional Commissioner as Election Tribunal in the concerned Case no. 2004-2005, Election matter, vide order dated 10. 03. 2006 heard arguments relating to the question of tenability of the election petition. have reached the conclusion that the impugned order cannot survive. My reasons for the same are as below. ( 4. ) THE Divisional Commissioner as Election Tribunal in the concerned Case no. 2004-2005, Election matter, vide order dated 10. 03. 2006 heard arguments relating to the question of tenability of the election petition. He in the above order held that (a) the election petition was not properly presented; and (b) determination of social status of a candidate was not within the competence of Election Tribunal. The Commissioner, therefore, dismissed the election petition. That order is under challenge in writ petition pending before this Court. Clearly, therefore, in the said writ petition this Court is not required to go into the question whether the Respondent no. 2 is an OBC by birth or not. The scope of the writ petition is confined to the questions (a) whether the election petition was properly presented or not (b)whether it is within the competence of Election Tribunal to determine the social status of any candidate. Thus, on facts the order impugned as passed by the learned Trial Magistrate is misconceived. ( 5. ) OTHERWISE also public interests demand that criminal justice should be swift. The concept relating thereto with reference to civil litigation has been stated by the Constitutional Bench of apex Court as under, vide AIR 1954 SC 397 (M. S. Sheriff and another v/s State of Madras and others) :- "as between the civil and the criminal proceedings the criminal matters should be given precedence. No hard and fast rule can be laid down but the possibility of conflicting decisions in the civil and criminal Courts is not a relevant consideration. The law envisages such an eventuality when it expressly refrains from making the decision of one Court binding on the other or even relevant, except for certain limited purposes, such as sentence or damages. The only relevant consideration is the likelihood of embarrassment. Another factor which weighs with the Court is that a civil suit often drags on for year and it is undesirable that a criminal prosecution should wait till everybody concerned has forgotten all about the crime. The only relevant consideration is the likelihood of embarrassment. Another factor which weighs with the Court is that a civil suit often drags on for year and it is undesirable that a criminal prosecution should wait till everybody concerned has forgotten all about the crime. The public interests demand that criminal justice should be swift and sure that the guilty should be punished while the events are still fresh in the public mind and that the innocent should be absolved as early as is consistent with a fair and impartial trial. " ( 6. ) ANOTHER Constitutional Bench of the apex Court following the case of M. S. Sheriff (Supra), vide (2005) 4 Supreme Court Cases 370 {iqbal Singh marwah and another v/s Meenakshi Marwah and another) further observed :-"findings given in one proceeding - Binding nature of, in the other - Held, civil cases are decided on the basis of preponderance of evidence while in a criminal case the entire burden lies on the prosecution and proof beyond reasonable doubt has to be given-Findings recorded in one proceeding may not be treated as final or binding in the other, as both the cases have to be decided on the basis of the evidence adduced therein. " ( 7. ) IN view of the above matter, the impugned order is factually misconceived as well as it is bad-in-law. Therefore, it is set-aside since if it is allowed to stand it will be an abuse of the process of Court. The learned Trial Magistrate is consequently directed to resume the hearing of the case under reference and proceed according to law. Parties are directed to remain present before the Trial court on 13. 10. 2008. Accordingly this application stands allowed. Application allowed.