The state government on Monday informed the Kerala High Court that the police would not proceed against Idukki CPM district secretary, K K Jayachandran MLA in connection with Jayachandran murder case on the basis of the second FIR since it had already been merged with the first FIR.
Director-General of Prosecutions T Asaf Ali informed the court that in respect of the case covered by the old FIR, the investigating officer had sought further probe in the light of new evidence. Hence there was no need for proceedings on the basis of the second FIR. Justice S S Satheesachandran recorded the submission and disposed of the petition filed by Jayachandran.
The registration of FIR, on the basis of a statement given by an accused who faced trial and was acquitted in respect of the same incident, was illegal, Jayachandran had said in his petition.
There cannot be a second FIR and there cannot be fresh investigation on receipt of every subsequent information in respect of an earlier cognisable offence, the petitioner had pointed out.