- (1.) We have heard the learned counsels for the parties.
(2.) Leave granted.
(3.) The grievance raised, primarily, is with regard to the observation of the High Court made in paragraph 42(d) of the impugned order, which is to the following effect: "(d) The case of the petitioners is that the State/police and other authorities are guilty of murder. We fail to understand how not a single case, not even invoking Section 174 Cr.P.C., has been registered at the instance of the injured/family members of the deceased. The truth or otherwise of the allegation is a matter for investigation. An investigation cannot be altogether avoided. We have above recorded how, even according to the State, police shooting came to be resorted to. Admittedly, he, who ordered the same, had assumed powers of an Executive Magistrate. Whether he was justified in doing so or not, whether he would be entitled to protection u/s 79 IPC or not, whether shooting persons in the face and chest amounted to police excesses of murder or not, to state a few, are all matters for investigation. Were incidents orchestrated and if so, by whom is to be looked into. How and why protesters were permitted to gather in their thousands and proceed as much as 12 kms. leading to the occurrence at the Collectorate is to be probed. The allegation of shooting at Theresapuram, which is 12 kms. away from the Collectorate having been resorted to, shortly after shooting was resorted to at Collectorate, is to be probed. Cases have to be registered against the authorities for offences u/s 302 IPC as also for other offences under the Indian Penal Code, Arms Act and such other acts as may be attracted........" Underlining is ours;