Keralite Businessman Dinesh Menon Moves Supreme Court Challenging Kerala High Court’s Order Of Staying Criminal Proceedings Against MLA Mani C Kappan

Dinesh Menon, a Keralite businessman based in Mumbai has approached the Supreme Court challenging the Kerala High Court order of staying the criminal proceedings u/s 406 (criminal breach of trust), 417, and 420 (cheating) of the Indian Penal Code, 1860 against LDF candidate in the Pala assembly by-election Mani C Kappan. 

It has been argued that the question of law raised by Mani C Kappan, who got elected in September 2019 and again in 2021 if allowed would result in the end of the Democracy. 

“If a person committing various crimes can get free from everything just by becoming MLA, politics will become a den of criminals and ultimately it will result in the collapse of the system. If democracy is to survive, no special privileges should be given to any class of citizens who have committed a crime. The present case is all about the illegalities committed by the respondent prior to becoming an MLA, ” plea states.

The plea has been preferred by Dinesh Menon (“petitioner”) who is a Keralite businessman based in Mumbai alleging that he was cheated by Mani C Kappan, LDF candidate in the Pala assembly byelection and NCP leader who got elected in September 2019 and again in 2021 from the same constituency in 2013 for a sum of Rs 3.25 crore.

It has been averred in the plea that the short order passed by the Kerala High Court was not a speaking order and there was no application of mind and also in direct conflict with various judgments of the Court particularly M/S Neeharika Infrastructure Pvt Ltd v State of Maharashtra in which the scope of the powers of the High Courts in passing interim orders in quashing the petition was elaborately discussed.

Menon in his plea has vehemently argued that the impugned order was passed based on fraudulent pleadings of Kappan suppressing important facts/ documents about the creation of charge of the property.

Seeking to quash the complaint filed before Judicial Magistrate First Class, Ernakulam, under section 406, 417 and 420 of IPC, 1860 by Dinesh Menon Kappan had moved the Kerala High Court on the question of law as to Whether the court below had jurisdiction to take cognizance of the alleged offense on the basis of the complaint filed by the second respondent against the petitioner who is an MLA. 

The Kerala High Court on June 18, 2021 had thereafter stayed the further proceedings of the Judicial Magistrate First Class, Ernakulam for a period of one month.

Case Title: Dinesh Menon v Mani C Kappan and Ors