LAWS(KER)-2013-12-112

NANDAKUMAR T.P. Vs. RENJITHA MARKOSE AND OTHERS

Decided On December 23, 2013
Nandakumar T.P. Appellant
V/S
Renjitha Markose And Others Respondents

JUDGEMENT

(1.) THE petitioner styling himself as an investigative journalist, also claiming to be the Chief Editor of Crimes Magazine and who proclaims that he is a champion of public interest, approached the Sessions Court Thodupuzha to get himself impleaded in a revision filed by a complainant against the order rejecting her complaint. The Court found that the petitioner has no locus standi. The matter pertains to what now popularly known as 'Suryanelli sex scandal case'. In these proceedings, it is the involvement of the sixth respondent herein which is in issue.

(2.) TO understand the present controversy, it is absolutely necessary to refer to some basic facts. A girl aged below 16 at the relevant time was taken from place to place and she was sexually assaulted. On the complaint filed, crime was registered and after investigation final report was laid. There were several accused in the case. Respondents 3 to 5 were also accused in the said case. The third respondent herein had initially absconded and the case against him was split up. The case against others were taken on file by the Sessions Court as SC 187 of 1999. Later, on the apprehension of the third respondent herein, the case against him was renumbered as SC 241 of 2001 and both the cases went for trial. The Trial Court found all the accused guilty. The matter was carried in appeal before this Court. This Court allowed the appeal and acquitted all the persons.

(3.) SIX years thereafter based on a blabbing by the third respondent herein which was published in news papers, the first respondent herein filed Crl. M.P. 1134 of 2013 before JFCM -II, Peermade seeking to have the proceedings initiated against the sixth respondent almost on the very same set of allegations except that she also pleaded that she received new information and materials regarding the involvement of the sixth respondent and incorporation of Section 120B of IPC also.