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2021 Supreme(Ker) 7

P.SOMARAJAN
Santhosh Eappen S/o C. C. Eappen – Appellant
Versus
Union of India Rep. by the Secretary of the Home Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. K.N. Abhilash, Sri. Sunil Nair Palakkat, Smt. N.K. Sheeba, Sri. M.A. Ahammad Saheer, Sri. P.B. Muhammed Ajeesh, Sri. A. Francis, Sri. P.T. Binduraj.
For the Respondents: Sri. K. Ramakumar, Sri. P. Vijayakumar, Sri. P. Narayanan, Sri. V. Manu, Sri. Suman Chakravarthy, Sri. K.B. Gangesh, Smt. Smitha Chathanarambath, Smt. Athira A. Menon, Sri. Amal S. Kumar, Sri. Sasthamangalam S. Ajithkumar.

JUDGMENT :

P. SOMARAJAN, J.

1. The writ petition and the Crl. M.C. came up together for hearing as the issue involved in both the cases pertains to the registration of FIR by the CBI with respect to the same matter and none of the counsel objected to the joint hearing.

2. The writ petitioner prayed for quashing Ext.P5 FIR registered by the CBI. He is a businessman who formed a company under the name and style of “Unitac Builders and Developers” for entering into the field of construction and another company “Sane Ventures LLP” for conducting business in hospitality and construction sectors. As part of his business, he entered into two agreements - Exts.P1 and P2 dated 31.7.2019 with the Consulate General of UAE, Trivandrum, Kerala for the construction of residential apartments for a total consideration of AED 70,00,000 (UAE dirhams) and a hospital complex for a total consideration of AED 30,00,000 (UAE dirhams). As part payment for the construction, an amount of Rs. 14,50,00,000/- (Rupees fourteen crores fifty lakhs) was transferred by the UAE Consulate to the companies' account. Exts.P1 and P2 were executed in sequence upon an agreement dated 11.07.2019 between the State of Kerala an

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