IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 OP(C).No. 3563 of 2011(O) --------------------------------------- OS.253/2011 OF SUB COURT, PALAKKAD .................... PETITIONER: -------------------- K. MUHAMMED RAFI, 31 YEARS, S/O.NOORUDHEEN, PALLIYALIL HOUSE, VATTUVAMPADAM, KADAMBIDI, CHITTILANCHERRY P.O, ALATHUR VIA, PALAKKAD DISTRICT. BY ADV. SRI.O.V.MANIPRASAD, SRI.SAJU J PANICKER. RESPONDENT(S): ------------------------- 1. SOCIETY FOR RURAL IMPROVEMENT, P.B.NO.2, SREEMOORTHI NAGAR, KOLLENGODE P.O., KOLLENGODE VILLAGE, CHITTOOR TALUK, PALAKKAD DISTRICT, REPRESENTED BY CHIEF EXECUTIVE OFFICER, DR.PRABHAKARAN, S/O.LATE K.P.SANKARAN NAMBIAR, P.B.NO.2, SREEMOORTHI NAGAR, KOLLENGODE P.O., KOLLENGODE VILLAGE, CHITOOR TALUK, PALAKKAD DISTRICT-678 508. 2. ASHA PAULSON, W/O.PAULSON, AGED 31 YEARS, KANJIRATHINCHALIL VEEDU, ALUVASSERY, POTHUNDI, NENMARA P.O., CHITTUR TALUK, PALAKKAD, PIN- 678 508. BY THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2011, ALONG WITH OPC NO.3564 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(C).No. 3563 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 THE TRUE COPY OF THE PRIVATE COMPLAINT FILED BY THE 1ST RESPONDENT JUDICIAL FIRST CLASS MAGISTRATE COURT, ALATHUR. EXT.P2 THE TRUE COPY OF THE FIR IN CRIME NO.1005/2010 DATED 18.11.2010 OF VADAKKANCHERRY POLICE STATION. EXT.P3 A TRUE COPY OF THE PLAINT IN O.S. NO.253/2011 BEFORE THE SUBORDINATE JUDGE'S COURT, PALAKKAD. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs THOMAS P.JOSEPH, J. ==================================== O.P(C) Nos.3563 & 3564 of 2011 ==================================== Dated this the 22nd day of November, 2011 J U D G M E N T First respondent, common in both the cases is served but there is no response. 2. These Original Petitions are filed by the second defendant in O.S. Nos.210 and 253 of 2011 of the court of learned Sub Judge, Palakkad. Those suits are filed by the first respondent for recovery of money allegedly due from petitioner and the second respondent. Prayer in these petitions is to stay trial of the suits until criminal proceedings against petitioner are concluded. 3. Petitioner was a former employee of the first respondent and on the allegation of forgery and misappropriation his service was terminated on 25.01.2010. In respect of the alleged forgery and misappropriation the Wadakkancherry Police registered Crime Nos.1005 and 1007 of 2010 against petitioner and the second accused for offences punishable under Sections 420, 408, 465, and 471 read with Section 34 of the Indian Penal O.P(C) Nos.3563 & 3564 of 2011 -: 2 :- Code. It is submitted that in those cases investigation is proceeding. In that situation if petitioner is compelled to disclose his defence in the suits, that will prejudicially affect him in defending the criminal proceedings against him. Hence it is requested that trial of the suits may be stayed until culmination of criminal proceedings. 4. Question whether civil proceedings should be stayed until disposal of the criminal proceeds depends on the facts and circumstances of the case. There could be no strict rule in that regard. In these cases in respect of the same matter which is the subject matter of the suits the police has registered cases and investigation is going on. Petitioner has not filed written statement in the suits. At this stage if petitioner is compelled to file written statement it may affect his defence in the criminal proceedings. At the same time first respondent cannot be asked to wait to proceed with the suits until criminal proceedings are over. Appropriate course is to direct that further proceedings in the suits shall stand stayed until final report is submitted in Crime Nos.1005 and 1007 of 2010. O.P(C) Nos.3563 & 3564 of 2011 -: 3 :- These Original Petitions are allowed and it is directed that further proceedings in O.S. Nos.210 and 253 of 2011 of the court of learned Sub Judge, Palakkad will stand stayed until final reports are filed in Crime Nos.1005 and 1007 of 2010 of Wadakkancherry Police Station. THOMAS P. JOSEPH, JUDGE. vsv