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Kerala High Court Stays Proceedings In Alleged Cheating Case Against Makers Of Malayalam Movie Manjummel Boys
Tellmy Jolly
17 May 2024 12:11 PM IST
The Kerala High Court has granted a stay for one month on the proceedings initiated against actor cum producer partner Soubin Shahir, producer Shawn Antony and Soubin's father Babu Shahir in an allegation of cheating, forgery and criminal breach of trust regarding the production of the Malayalam film Manjummel Boys.The court passed the above interim order in the petition filed by Soubin's...
The Kerala High Court has granted a stay for one month on the proceedings initiated against actor cum producer partner Soubin Shahir, producer Shawn Antony and Soubin's father Babu Shahir in an allegation of cheating, forgery and criminal breach of trust regarding the production of the Malayalam film Manjummel Boys.
The court passed the above interim order in the petition filed by Soubin's father who was arrayed as the third accused.
Manjummel Boys, a 2024 Malayalam survival thriller film garnered high praise for its portrayal of a true event centred around the Guna Caves in Kodaikanal, Tamil Nadu.
Justice Viju Abraham stayed the entire proceedings for one month.
The crime was registered at Maradu Police Station, Ernakulam under Sections 120B (Punishment for criminal conspiracy), 34 (common intention), 406 (punishment for criminal breach of trust), 420 (cheating and dishonestly inducing delivery of property), 468 (forgery for cheating) of the Indian Penal Code.
Earlier, the High Court had passed an interim order directing not to arrest Soubin Shahir and Shawn Antony who were arrayed as the first and second accused in the case.
The complaint was filed by a person called Siraj Valiyathara Hameed alleging that the petitioners cum producers made 'Manjummel Boys' under the banner of their production company M/S Parava Films LLP.
The complaint was filed alleging that the petitioners cum producers of 'Manjummel Boys' failed to repay the profits as per the terms of their Investment agreement.
The plea stated that the complainant himself had breached the terms of the agreement by failing to make investments on time which caused huge losses to the parties. It was stated that the complainant had breached the terms of the Investment Agreement because of which the shoot schedules were disrupted, shoots got extended and losses were incurred. Thus, the plea stated that the complainant was not legally entitled to get any profits from the film.
The plea alleged that the entire dispute was a civil dispute and the criminal proceedings were initiated only to pressure the parties to make payments although there were no payments to make. It is alleged that criminal proceedings were initiated to gain publicity and to pressure the parties to settle their civil disputes.
The plea stated that the parties were initiating arbitration proceedings to settle the matter amicably and criminal proceedings should not be allowed to continue on a civil dispute.
The matter has been posted after ten days.
The plea has been moved by Senior Advocate P Vijaya Bhanu, Advocates Thomas J Anakkallunkal, Deepa Jose George, Anupa Anna Jose Kandoth, Jayaraman S., Dhanya Sunny, Ann Milka George
Case Title: Babu Shahir v State of Kerala
Case Number: Crl MC 4169/2024