Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945 CRL.MC NO. 5226 OF 2021 PETITIONER/S:
FAISEL PUNNAKKADAN AGED 36 YEARS S/O. LATE ABDUL SALAM, PUNNAKKADAN HOUSE, CHANDAKKUNNU, NILAMBUR, MALAPPURAM DISTRICT.
BY ADVS.
C.A.NAVAS T.K.SASIKUMAR PRAISHEEL PRAKASAM RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 AHAMMED SHABEER AGED 37 YEARS S/O. ALAVIKUTTY, PULATH HOUSE, PUTTAMKUNNU, KALIKAVU P. O., MALAPPURAM DISTRICT, PIN - 676525.
BY ADVS.
K.ABOOBACKER SIDHEEQUE M.G.SREEJITH MG E.S.SIMLA(K/399/2011) SRI. T R RANJITH, SR. PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 5226 OF 2021 2 ORDER This petition is filed seeking to quash all further proceedings in Crime No. 280 of 2021 of the Wandoor Police Station, registered for the offences punishable under Sections 406 and 420 of the IPC.
2.
It appears that by order dated 03.11.2021, this Court had stayed the coercive proceedings against the petitioner herein.
However, the investigation was not interdicted.
3.
When this matter is taken up today, the learned Public Prosecutor submits that after the completion of the investigation, the final report has been laid, and the case has been taken cognizance and has been numbered as C.C. No. 1086/2023 on the files of the Judicial Magistrate of First Class-II, Perinthalmanna.
In that view of the matter, reserving the right of the petitioner to challenge the final report, this petition is closed.
Sd/- RAJA VIJAYARAGHAVAN V JUDGE avs
CRL.MC NO. 5226 OF 2021 3 APPENDIX OF CRL.MC 5226/2021 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF FIR ALONG WITH FI STATEMENT IN CRIME NO.280/2021 OF WANDOOR POLICE STATION.
Annexure A2 COPY OF THE AGREEMENT DATED 02.10.2019.
Annexure A3 TRUE COPIES OF THE PHOTOGRAPHS SHOWING THE DEVELOPMENT WORK.
Annexure A4 TRUE COPY OF THE RELEVANT PAGES OF BANK STATEMENT DATED 24.09.2019.
Annexure A5 TRUE COPY OF THE AGREEMENT DATED 10.01.2020.
Annexure A6 TRUE COPY OF THE LAY OUT APPROVAL FEE RECEIPT DATED 18.01.2021.
Annexure A7 TRUE COPY OF THE SALE DEED DATED 29.09.2020.
Annexure A8 TRUE COPY OF INITIAL APPROVAL COST STATEMENT DATED 24.09.2020.
Annexure A9 TRUE COPY OF LEDGER STATEMENT FROM 24.10.2019.
Annexure A10 TRUE COPY OF CONTRACT AGREEMENT DATED 17.01.2020.
Annexure A11 TRUE COPY OF CONTRACT AGREEMENT DATED 17.01.2020.
Annexure A12 TRUE COPY OF MATERIAL SUPPLY AGREEMENT DATED 10.03.2020.
Annexure A13 TRUE COPY OF MATERIAL SUPPLY AGREEMENT DATED 10.03.2020.
Annexure A14 TRUE COPY OF COMPLAINT DATED 08.07.2021 WITH ACKNOWLEDGEMENT RECEIPT DATED 09.07.2021.
Annexure A15 TRUE COPY OF GST TAX INVOICE DATED 29.01.2020.
Annexure A16 TRUE COPY OF GST TAX INVOICE DATED 15.02.2020.
CRL.MC NO. 5226 OF 2021 4 Annexure A17 TRUE COPY OF THE JUDGMENT DATED 28.09.2021 IN WP(C) NO.15058/2021 OF THE HONOURABLE HIGH COURT OF KERALA.
Annexure A18 TRUE COPY OF THE LETTER NO.B3/3688/2021 DATED 25.09.2021 ISSUED BY CHALIYAR GRAMA PANCHAYATH.
Annexure A19 TRUE COPY OF THE NOTARIZED AGREEMENT DATED 22.02.2021.
Annexure A20 TRUE COPY OF THE MUTURAL AGREEMENT DATED 22.02.2021.
Annexure A21 TRUE COPY OF THE JOINT VENTURE AGREEMENT DATED 13.03.2021.