Kerala High Court
Jahangir Rawther vs State Of Kerala on 19 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
CRL.MC NO. 5981 OF 2023
PETITIONERS/ACCUSED NO.2, 4 TO 7:
1 JAHANGIR RAWTHER
AGED 62 YEARS
S/O. NAGOOR RAWTHER, DIRECTOR, NEST REALTIES PRIVATE
LIMITED, DOOR NO.XX/125, MACKER MANZIL, THYNOTHIL LANE,
ALUWAYE, ERNAKULAM - 683 101
2 JAVED K. HASSAN
AGED 78 YEARS
S/O. NAGOOR RAWTHER, CHAIRMAN AND MANAGING DIRECTOR
NEST REALTIES PRIVATE LIMITED, DOOR NO.XX/125, MACKER
MANZIL, THYNOTHIL LANE, ALUWAYE, ERNAKULAM - 683 101
3 MEHARBANU
AGED 74 YEARS
W/O. JAVED K HASSAN, MARAKKAR MANSIL, ALUWAYE,
ERNAKULAM - 683 101
4 ALTHAF JEHANGIR
AGED 37 YEARS
S/O. JEHANGIR RAWTHER, DOOR NO.XX/125, MACKER MANZIL,
THYNOTHIL LANE, ALUWAYE, ERNAKULAM - 683 101
5 MR. KUTTYMOOSA SHAMSUDIN
AGED 37 YEARS
DIRECTOR, NEST REALTIES PRIVATE LIMITED, NEENA MANZIL,
KUTHIYATHODE, KODAMTHURUTH, ALAPPUZHA - 688 533
BY ADVS.
K.R.VINOD
M.S.LETHA
NABIL KHADER
RAHUL.S
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
Crl.M.C.No.5981 of 2023
2
PIN - 682031
2 DR. MANOJ N.S., AGED 43 YEARS,
S/O. NARAYANA PANICKER, DEVASWOM PARAMBU,
KOTTAMKULANGARA, AVALAOOKUNNU P.O.,
AMBALAPPUZHA, PIN: 688 006
BY ADV.
SMT.SREEJA.V, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 19.10.2023, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C.No.5981 of 2023
3
P.V.KUNHIKRISHNAN, J.
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Crl.M.C.No.5981 of 2023
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Dated this the 19th day of October, 2023
ORDER
This Criminal Miscellaneous Case is filed with the
following prayers:
"(a) Call for the records pertaining to Annexure
A1 in F.I.R. No.800/2022 of Palarivattom Police Station,
Ernakulam City and quash the same by invoking the
inherent powers of this Hon'ble Court u/s.482 of the
Code of Criminal Procedure.
(b) To issue any other order appropriate in the
circumstances of this case."
2. The prayer in this Crl.M.C is to quash Annexure
A1 F.I.R. It is submitted that, originally the case was
investigated and a refer report was filed. Thereafter
the refer report was rejected by the Jurisdictional court
Crl.M.C.No.5981 of 2023
and ordered further investigation. In such situation, I
am of the considered opinion that the investigation in
this case need not be stalled by this Court. But I make
it clear that, if any final report is filed, the petitioners
are free to approach this Court again, if they are
aggrieved by the same.
Granting liberty to the petitioners to file a fresh
Criminal Miscellaneous Case, if any final report is filed
in Crime No.800/2022 of Palarivattom Police Station,
this Criminal Miscellaneous Case is closed.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
Crl.M.C.No.5981 of 2023
APPENDIX OF CRL.MC 5981/2023
PETITIONER ANNEXURES
ANNEXURE A1 THE COPY OF THE FIR NO. 800/2022 OF
PALARIVATTOM POLICE STATION,
ERNAKULAM CITY
ANNEXURE A2 THE COPY OF THE JUDGMENT REPORTED IN
2018 (3) KHC 866 OF THE HIGH COURT
OF KERALA (JAYACHANDRA KURUP VS.
STATE OF KERALA AND ANOTHER)
ANNEXURE A3 THE COPY OF JUDGMENT OF THE APEX
COURT REPORTED IN 2022 KHC 6328
VIJAYAKUMAR GAI AND OTHERS VS.STATE
OF WEST BENGAL AND OTHERS
RESPONDENTS EXHIBITS :NIL
//TRUE COPY// PA TO JUDGE
