G.B.PATTANAIK, R.P.SETHI
K. Karunakaran – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT
Seth, J.-Referring to letter dated 18.6.1996 filed as Annexure R-2 with the counter-affidavit in this Court, terming it to be actuated by extraneous considerations and assailing the Government Order dated 12th May, 1992, (Annexure R-1) as illegal, Shri K.K. Venugopal, Senior Advocate appearing for the appellant has prayed for quashing of the FIR No. 1/97 (Annexure P-8) and subsequent proceedings initiated against the appellant. It is submitted that the source of power for registering the FIR referable to the aforesaid Government order being illegal and violative of the mandate of judgment of this Court in Vineet Narain & Ors. v. Union of India & Anr.1, the appellant cannot be subjected to harassment of a criminal trial. The impugned FIR is stated to be amounting to overriding the judgments of the High Court of Kerala and this Court passed in earlier litigation praying for registration of the FIR against the appellant. The registration of the FIR has been termed to be amounting to contempt of court having been filed without any new material. Political rivalry is alleged to be the prime consideration for registration of the case against the appellant.
2. The facts of the case
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