JACOB STEPHEN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused Nos. 11, 6, 41 and 20 respectively in Crime No. 6 of 1996 of the Munnar Police Station are the petitioners in this Original Petition which was filed praying the following reliefs:-

(2.) The Original Petition was posted before Mr. J.B. Koshy, J. who, by his reference order dated 30.8.99 referred the matter for an authoritative pronouncement on the question raised by the petitioners.

(3.) A Division Bench of this Court on 3.9.1999 admitted the Original Petition and directed the respondents to file counter affidavits. Accordingly respondents 1, 2 and 5 filed a detailed counter affidavit on 9.9.1999. A reply affidavit was filed by the first petitioner on 15.9.1999. The Registrar of this Court filed a counter affidavit on 28.9.99 along with Ext. R3 (a). A further reply affidavit was filed on 29.9.99 by the first petitioner and a memo dated 30.9.99 was filed by the Government Pleader submitting that the averments and allegations in the reply affidavit dated 29.9.99 filed by the petitioners, some of which are raised for the first time in that reply affidavit stands rebutted by the averments in the counter affidavit dated 28.9.1999 filed by the third respondent as well as the entire records produced by the third respondent (Registrar of this Court).