BALACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These petitions were filed by the petitioner for quashing the order in C.M.P. 1327/1995 & C.P. No. 112/2004, C.M.P. 5731/95 & C.P. 115/2004 and C.M.P. No. 2712/95 & C.P. No. 113/2004 and all further proceedings in pursuance to and in furtherance thereof pending before the Judicial Magistrate of the First Class, Kuthuparamba. C.M.P. Nos. 1327/95, 5731/95 and 2712/95 are private complaints filed against the petitioner and other accused for offences punishable under Sections 302, 307 & 120B read with Section 34 I.P.C. for the murder of the complainant's son or brother, as the case may be, in the respective complaints.

(2.) The complainant's case is that on 25-11-1994, the accused persons opened fire with their common intention to commit murder of the victims in the respective complaints without any provocation. On 25-11-1994 at 11 a.m., Sri M.V. Raghavan, the then Minister for Co-operation, the accused named in the complaint was to inaugurate the evening branch of the Kuthuparamba Co-operative Urban Bank in the Alakandi Shopping Complex at Kuthuparamba at the side of the Kuthuparamba Thalassery Road, near Kuthuparamba junction. A public meeting was also arranged at the Municipal Town Hall in connection with this function. The activists of Democratic Youth Federation of India (DYFI) arranged a black flag demonstration against Sri M.V. Raghavan while he comes to Kuthuparamba for the above inaugural function, as part of their campaign against corruption and nepotism. It was a thoroughly peaceful demonstration of black flag. All the persons participated in the demonstration were absolutely unarmed. In continuation of the aforesaid merciless and illegal lathicharge on the unarmed people, the petitioner and the other accused resorted to firing with deliberate intention to kill the complainant's kith and kin. Even without any lawful order from a competent Magistrate having jurisdiction over the area, they, with deliberate intention to kill innocent people, shot people killing five innocent youngsters and causing serious injuries to a large number of persons. One person who suffered severe gunshot injuries on the neck is now living as a vegetable.

(3.) In Crl. M.C. Nos. 2694, 2696 & 2697/2004, the petitioner, the then Deputy Collector (Housing), Collectorate, Kannur seeks for quashing the order in the very same Civil Miscellaneous Petitions and Complaint Petitions mentioned above and all further proceedings in pursuance to and in furtherance thereof pending before the Judicial Magistrate of the First Class, Kuthuparamba. The complaint in Crl. M.C. Nos. 2694 & 2696/2004 were filed by the brothers of one Rajeev and C. Babu who died in the police firing and the complaint in Crl. M.C. 2697/2004 was filed by the father of one Roshan who also died in the police firing.