The order was issued by Justice P Bhavadasan, when the petition by Thettayil, the JDS MLA from Angamally, seeking quashing of the FIR against him, came up before the Court.
The court had on July 9 stayed all further proceedings against the former LDF Minister.
Thettayil, who was Transport Minister in the previous LDF government, is the first accused in the case while his son Adarsh is the second accused.
Aluva Police had on June 22 registered cases against the two for sexual harassment following a complaint from a 30-year-old woman that she had been sexually harassed by father and son.
The state government submitted that investigation of the case has been steadily progressing and it clearly discloses an offence punishable under sec 354 (outraging the modesty of woman), sec 376 (Rape) and hence the FIR may not be quashed at threshold.
It is unfettered power of police to investigate into the cognisable offence, during the course of which if it is hampered it will cause serious prejudice, the government submitted.
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