KOCHI: The Kerala High Court on Tuesday stayed further proceedings in a case registered by the Edachery police against CPM leaders from Kannur and Kozhikode districts on a complaint seeking a comprehensive probe into the larger conspiracy which led to the murder of Revolutionary Marxist Party (RMP) leader T P Chandrasekharan on May 4, 2012.
The petition was filed by K K Krishnan former member, Onchiyam Area Committee of CPM. The police had earlier registered two cases in this connection in the Vadakara and Chombala police stations. The trial in these cases had been completed and the petitioner was acquitted by the trial court. Meanwhile, K K Rema, wife of T P Chandrashekharan, approached the government seeking a CBI probe into the larger conspiracy behind the crime. Based on the complaint, a case was registered in 2014.
The petitioner submitted the third FIR was also based on the same incident referred in the first and second cases. Hence, further proceedings based on the third FIR was illegal. The only course available to the investigation agency on receipt of subsequent information with respect to the crime is to carry out further investigation. Ignoring the settled legal position, the police registered a fresh case.
The petitioner submitted the non-inclusion of his name and that of any other person in the FIR as accused was part of an ulterior motive of the investigation agency. The case was registered when the Oommen Chandy Government was in power.