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2017 Supreme(Ker) 1167

A.M.BABU
Ismail C. A. – Appellant
Versus
Sakkeer Hussain – Respondent


Advocates Appeared:
For the Appellant :Sri. V.A. Johnson, Advocate
For the Respondent:Sri. P.K. Varghese and Sri. E.C. Bineesh, Advocates, Rameshchand, Public Prosecutor

ORDER :

A.M. Babu, J.

An FIR was registered against the petitioner. He seeks to quash it and all proceedings pursuant thereto. The relief is sought under Section 482 of the Code of Criminal Procedure (Cr.P.C for short).

2. Parties are referred to in this order as they are shown in the memorandum of the criminal miscellaneous case.

3. The first respondent filed a complaint against the petitioner under Section 190 of Cr.P.C. A copy of it is annex-A. The complaint was forwarded under Section 156 (3) of Cr.P.C directing an investigation. Thereupon annex-H FIR was registered at the police station. The same is impugned in this proceedings.

4. The dispute is between the petitioner and the first respondent. They have their own version about the dispute. The version of the petitioner is limned in the memorandum of Crl.M.C. The first respondent has depicted his version in annex-A complaint.

5. The petitioner's version is stated below: Himself and the first respondent are known to each other for several years. The latter and his wife are builders who do real estate business too. They invited the petitioner for a joint venture. He accepted the offer and gave them Rs.41,90,050/-. The petitioner was m

































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