In this revision filed under Section 397 read with Sec. 401 Cr.P.C., the petitioner who is the 3rd accused in S.C. 455 of 2003 on the file of the IV Addl. Sessions Court, (Court of Special Judge SPE/CBI-II) Ernakulam assails the order dated 8-6-2007 passed by the Special Judge dismissing CrI.M.P. 2439 of 2007 filed by the petitioner herein seeking his discharge under Sec. 227 Cr.P.C.

2. I heard Advocate Sri Raja Vijayaraghavan, the learned counsel appearing for the revision petitioner, Sri P. G. Thambi, the learned Director General of Prosecutions and Sri S. Sreekumar, the learned Standing Counsel for the C.B.I.

ARGUMENTS FOR DISCHARGE

3. The learned counsel appearing for the revision petitioner made the following submissions before me in support of the revision:

The prosecution case is that one Naxalite Varghese who was allegedly killed in a police encounter on I8-2-1970 was shot dead by the first accused, a C.R.P.F. Constable by name Ramachandran Nair who is now no more and that the said Ramachandran Nair was given orders to shoot Naxalite Varghese by the then Dy.S.P., Lakshmana and the then D.I.G. Northern Range, P. Vijayan (the petitioner herein) who had questioned Naxa