IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 7917 of 2008(P) ------------------------- OS.142/2004 of PRINCIPAL SUB COURT,PARAVUR CC.68/2004 of J.M.F.C.-I, ALUVA .................... PETITIONER: ------------ ABDUL KHADIR, AGED 35 YEARS S/O.METHIYAN BAVA, PUTHENPURAYIL, THURUTH, ALUVA. BY ADV. SRI.LIFFY P. FRANCIS RESPONDENTS: ------------- 1. MUHAMMED ABDUL NAZAR, AGED 38 YEARS S/O.MOOSAKUTTY, PULIYAKKAYATHU HOUSE THURUTH, ALUVA. 2. SHAMSUDDIN, AGED 32 S/O.MARAKKARU PILLAI OLIKKAYATHU KUNNINTEKATHOOTTU HOUSE, THURUTH ALUVA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 7917 OF 2008 --------------------- Dated this the 7th day of March, 2008 JUDGMENT This writ petition is preferred with a prayer to direct the court below to commence the trial OS 142/04 on the file of the Principal Sub Court, Paravur, only after conclusion of the trial of criminal case pending between them and to remove the suit from the list. 2. I am informed that the criminal prosecution is pending against the defendants and it is half way through and a suit is filed on the civil side by the defacto complainant for damages. Learned counsel had relied upon the decision of the Apex court in M.S. Sheriff v. State of Madras [AIR 1954 SC 397] wherein it was held that in case where simultaneous prosecution of criminal proceedings and the civil suits will embarrass the accused then the civil suit should be stayed till the criminal proceedings are finished. But this is a case where it is not the accused who has come before this court as the defacto complainant. So strictly the rigour of the Apex court decision will not apply to the facts of the present case. But it is a fact WPC NO 7917/08 2 that the original of the documents relied upon by the petitioner is produced in the other case and some witness may also have to be examined. Hence it is desirable that the criminal proceeding is completed so that the civil proceeding can be taken thereafter. I feel the certified copies may have to be relied upon for the reason that the criminal litigation whether convicted or acquitted may not end there and the original document in one case cannot be summoned to be produced in another case when an appeal is pending. But for the time being, in order to complete the criminal trial, I direct the court below to defer the trial of the case till the reopening of the court and try to list the matter only in the month of July. I hope in the meanwhile the criminal case pending before the court can be disposed of. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 7917/08 3 WPC NO 7917/08 4 WPC NO 7917/08 5