LAWS(KER)-2018-3-224

VIKRAMAN Vs. UNION OF INDIA

Decided On March 15, 2018
VIKRAMAN Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) (1) What is meant by the term "as the case may be" incorporated in Section 45(1) (ii) of the Unlawful Activities(Prevention) Act, 1967?

(2.) W.P.(C) No.25403/2017 (hereinafter referred to as the 'first writ petition') is filed by A1 to A19 in S.C.No.343/2017 of the Court of Special Judge (SPE/CBI) - III, Ernakulam. W.P.(C) No.31229/2017(hereinafter referred to as the 'second writ petition') is filed by A20 to A25 in the aforesaid sessions case.

(3.) Originally, Crime No.780/14 of the Kathirur Police Station was registered consequent to the incident involved. After the investigation for quite some time, the State Government thought it fit to request the CBI to take up the investigation of this case. The request was forwarded. The CBI accepted the request and consequently, the consent of the State Government under Section 6 of the Delhi Special Police Establishment Act was given to the CBI to conduct an investigation and to file the final report in the matter.