IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23941 of 2010(O)
1. SURESH @ ABRAHAM GEORGE, AGED 46 YEARS,
... Petitioner
Vs
1. RAVEENDRAN, AGED 43 YEARS,
... Respondent
For Petitioner :SRI.P.SANTHOSH (PODUVAL)
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :30/07/2010
O R D E R
THOMAS P JOSEPH, J.
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W.P (C) No.23941 of 2010
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Dated this the 30th day of July, 2010
J U D G M E N T
This writ petition is filed by defendant No.2 in
O.S.No.2882 of 2007 of the court of learned Additional
Munsiff-II, Thrissur. That is a suit filed by respondent/plaintiff
claiming damages of personal injury he allegedly suffered at
the hands of petitioner. Respondent gave evidence as PW1
and his witness were also examined. Now the case stand
posted on 02-08-2010 to examine the investigating officer who
charge sheeted the criminal case. In the meantime counsel
for petitioner learned that certain material questions were not
put to the respondent when he was in the box. Thereon
petitioner filed Ext.P3, application supported by the affidavit
of counsel concerned to recall PW1 for further cross
examination. Grievance of petitioner is that Ext.P3,
application has not so far been disposed of and if the
investigating officer is examined before PW1 is recalled and
further examined, that will cause prejudice to the case set up
by petitioner. In the circumstance this writ petition seeking a
: 2 :
direction to dispose of Ext.P3, application before investigating
officer is examined.
2. I have gone through Ext.P3, application supported
by the affidavit of counsel concerned where he has stated that
by inadvertence he omitted to put certain relevant and
material questions to PW1. There appears to be some force in
the contention of petitioner that if the investigating officer is
examined before PW1 were recalled and further examined,
petitioner will be put to prejudice since petitioner has a case
that he also suffered injury in the same incident. Having
regard to the facts and circumstances of the case I direct
learned Additional Munsiff-II, Thrissur to dispose of Ext.P3,
application before the investigating officer is examined. In
case that application does not find favour with the learned
Munsiff, petitioner shall be given sufficient time to challenge
the order before investigating officer is examined.
Writ petition is disposed of as above.
THOMAS P JOSEPH
JUDGE
Sbna/