ABDUL RAHEEM Vs. THAHA

JUDGEMENT

(1.) IN this Original Petition the reliefs sought for are as follows:

(2.) IN respect of an incident which occurred on 30.1.2009 both criminal and civil proceedings were initiated. Petitioner stands accused of having committed offence punishable under Section 325 of Indian Penal Code and the police after investigation laid final report which was taken cognizance by the Judicial Magistrate of the First Class, Parappanangadi as C.C. 438 of 2009. In the meanwhile, the injured filed O.S. 162 of 2011 before Sub Court, Tirur for compensation. When both the cases came up for trial, the petitioner moved the civil court for stay of the proceedings in O.S. 162 of 2011 on the ground that criminal proceedings are going on and till it is terminated, the civil suit may not be proceeded with. That application filed under Section 151 of the Code of Civil Procedure was dismissed by Ext.P4 order. It is under challenge.

(3.) LEARNED counsel appearing for the petitioner relied on the decisions reported in M.S. Sheriff v. State of Madras ( : 1954 KHC 488), Ved Prakash v. Guru Granth Saheb Sthan, Meerghat Town (2009 KHC 6834) and Syed Askari Hadi Ali Augustine Imam v. State (Delhi Admn.) ( : 2009 KHC 350) and contended that it has been held by the Apex Court that it is desirable that in case where civil case and criminal cases arises out of the same cause of action, the civil case may be kept pending till the criminal proceedings are over. It is highlighted that in all those cases it is observed that criminal proceedings should be given precedence. It is further pointed out by the learned counsel for the petitioner that if simultaneous trial causes embarrassment, that is one of the grounds to be urged before the courts to stay the civil proceedings.