Nothing was done till 1988.
The petitioners herein are the accused and tried for the assassination of Shri.
P.C. before the trial companyrt.
The High Court vide its order dated 27.01.1999, directed the CBI to register the F.I.R. for killing of the naxalite in a fake encounter.
On the basis of these reports, writ petitions were filed before the High Court of Kerala, wherein, one Constable filed a companynter affidavit, making a companyfessional statement that he shot the said naxalite on the instructions of his Senior Officer.
L.N. Mishra, the then Union Railway Minister.
It is the case of the prosecution that Shri.
The initial investigation was companyducted by the Bihar C.I.D. and subsequently it was transferred to the Central Bureau of Investigation for short, C.B.I. who filed charge sheet on 10.11.1975.
SC1/06, pending on the file of learned Additional Sessions Judge East , Kakardooma Courts, Delhi.
Shri Raval also relied on the decision of this Court in P. Vijayan v. State of Kerala, 2010 2 SCC 398, where one naxalite extremist was killed in a police encounter in 1970.
Thereafter, this case was transferred by this Court to Delhi vide its order dated 17.12.1979 due to interference by the then Bihar Government.
Thereafter, the accused filed a Criminal Revision Petition before the High Court.
L.N. Mishra was injured in a bomb blast at the Railway Station, Samastipur on 2.01.1975 and later succumbed to his injuries on 3.01.1975.
Being aggrieved, the accused approached this Court.
L. DATTU, J. Reliefs sought in both the Writ Petitions are one and the same therefore, they are disposed of by this companymon judgment.
These Criminal Writ Petitions, filed under Article 32 of the Constitution of India, seek for the enforcement of petitioners fundamental right of speedy trial and for quashing of Sessions Trial No.
However, in 1988, a newspaper article was published that the encounter in which the said naxalite was killed, was a fake one and some Senior Police Officers were responsible for it.
The High Court vide its order dated 07.12.1990 quashed the order of companynizance taken by the Magistrate and ordered fresh investigation.
