RAVADA A CHANDRASEKHAR Vs. STATE OF KERALA

JUDGEMENT

(1.) These petitions under Section 482 Cr.P.C. were filed against the order dated 16.7.2006 passed by the learned Judicial Magistrate of the First Class, Kuthuparamba in CMP Nos. 1327/95, 2712/95 & 5731/95 wherein cognizance of the offences punishable under Sections 302, 307 and 120B read with Section 34 I.P.C. has been taken and process has been issued against the petitioner and three others. Petitioner has invoked the inherent power of this Court to quash the impugned order of cognizance on the ground inter alia:

(2.) One Mr. M.V. Raghavan was a Minister under the UDF Government in the State. Earlier he was an MLA from the CPI(M). On 25.11.1994, Mr. Raghavan was scheduled to visit Kuthuparamba for inaugurating the evening branch of Kuthuparamba Co-operative Urban Bank. DYFI, the students wing of CPI(M) decided to stage a demonstration before the Minister. At 12 noon, on the arrival of the Minister, there was a demonstration by the workers of DYFI. It is alleged that first accused talked with accused 2 to 5 and thereafter lathi charge was begun. At that time, the fifth accused, a police constable, fired his gun at Rajeevan, Vice President of DYFI, Kannur district who happens to be the brother of the complainant in Crl.M.C. 2146/2004, as a result of which he died. The complainant filed a complaint on 24.3.1995 which was registered as CMP No. 1327/95. The learned Magistrate, Kuthuparamba conducted enquiry under Section 202 and by order dated 16.7.2004 took cognizance of the offence punishable under Sections 302, 307 and 120B read with Section 34 I.P.C. and issued process against the petitioner and others which is being impugned here.

(3.) This case has a long history and chequered career. Before initiation of the proceedings, two F.I.Rs were lodged by the police against the CPI(M) and DYFI workers and some unidentifiable miscreants. Crime No. 353/94 was registered under Sections 143, 147, 148, 332, 363, 324 and 307 read with Section 149 I.P.C. and Section 3(2)(e) of P.D.P.P. Act and Sections 3 and 5 of the Explosive Substances Act and Crime No. 354/94 was registered under Sections 143, 147, 148, 427 and 307 read with Section 149 I.P.C. and under Section 3(2)(c) of the P.D.P.P. Act. Since the incident gave rise to public uproar and demand for judicial enquiry, the Government agreed to it and a commission of enquiry was set up. On 27.5.1997, after a detailed enquiry, commission submitted its report against three erring officials who were found responsible for the police firing. However, the petitioner was exonerated from all the accusations. The report of the commission was accepted by the Government and it was decided to take legal action against the delinquents. On the orders of the Director General of Police, the Inspector General of Police registered a case under Section 302 I.P.C. and other sections against three persons, namely, Mr. Raghavan, the Minister, Mr. Hakim Bathery, Superintendent of Police and Mr. T.T. Antony, the Deputy Collector-cum-Executive Magistrate. The case was registered as Crime No. 268/97 and the DIG of Police was entrusted with the investigation. On 29.9.1998, the DIG filed an interim report before the learned Magistrate against 19 persons where the petitioner figured as one of the accused at Serial No. 10. Later on, some time in 1999, two cases vide Crime Nos. 353/94 and 354/94 registered earlier were closed.