The case was registered on the basis of a statement made by an accused, who was later acquitted in the same case.
Director General of Prosecutions T Asaf Ali informed the court that in respect of the incident covered by FIR, the Investigating officer has sought further probe in the light of new evidence in the case. Hence, further proceedings on the FIR were not required.
Justice S S Sateeshchandran recorded the submission of the DGP and closed the proceedings. The submission was made on a petition filed by Jayachandran seeking to quash the FIR.
On the basis of disclosures by former CPI-M Idukki district secretary M M Mani that CPI(M) had allegedly prepared a list and annihilated three of its political foes, an FIR was registered against him in three cases.
Jayachandran's name also figured in the FIR in connection with the murder of Ancherry Baby, a Congress worker who was killed during the 1980s.
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. No parallel investigation was permitted under law, he had submitted.
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 submitted.
