CHANDRASEKHAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the accused persons in Crime No. 225 and 246 of 1994 of Vanchiyoor Police Station, Thiruvananthapuram which were subsequently registered as RC. 10(S)/94 and RC. 11(S)/94 by the Central Bureau of Investigation (for short CBI). The relevant facts and documents of O.P. No. 12747 of 1996 are referred in this judgment for the purpose of disposal of the above cases, as common questions of law arise for consideration in all these cases. The relevant facts are also common in all the four writ petitions.

(2.) The petitioners have prayed for issue of a direction to the first respondent State of Kerala and the second respondent Secretary, Home Department, Govt. of Kerala not to initiate any further investigation or re-investigation regarding Crime No. 246/94 against the petitioners in view of the fact that the CBI has filed the referred or closure report after due investigation in the said case on the ground that the allegations levelled against the petitioners under S.3, and 4 of the Official Secrets Act, 1923 are false and also for quashing Exts. P3 and P4.

(3.) Exts.P3 and P4 are notifications dated 27-6-1996 and 8-7-1996 respectively of Government of Kerala by which the consent accorded to the members of the Delhi Special Police Establishment under S.6 of the Delhi Special Police Establishment Act, 1946 as per Notification dated 2.12.1994 to investigate Crime No. 246/94 has been withdrawn.