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2014 Supreme(Ker) 1048

ASHOK BHUSHAN, A.M.SHAFFIQUE
State of Kerala – Appellant
Versus
Gopalan – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Girija Gopal (Spl. Government Pleader)
For the Respondetns :Raju Joseph (Sr. Advocate), Kaleeswaram Raj, P. Chandrasekhara Pillai

JUDGMENT :

A.M. SHAFFIQUE, J.

1. This appeal is filed by respondents 1, 3 and 4 in the Writ Petition challenging the judgment dated 14.3.2013 of the learned Single Judge in the Writ Petition. Respondents 1 and 2 herein are the writ petitioners who are hereinafter referred as the petitioners.

2. Alleging inaction on the part of the State and the law enforcing machinery in not preventing the murder of their son and further alleging that free and fair investigation has not been conducted into the said crime the Writ Petition was filed claiming compensation of Rs.2 crores from the respondents.

3. The facts involved in the Writ Petition would disclose that petitioners’ son, Balakrishnan was murdered on 18.9.2001. The petitioners have a case that the motive behind the murder is the events that followed on account of an affair, their son Balakrishnan had with Rasina, daughter one Abubacker. Rasina eloped with Balakrishnan on 26.5.2001 and they got married as per Hindu religious rites on 1.6.2001. The parents of Rasina were totally against the aforesaid marriage. Though attempts were made for settlement among the families, nothing happened. After some time, Balakrishnan and Rasina returned bac










































































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