CENTRAL BUREAU OF INVESTIGATION Vs. K G PREMSANKAR

JUDGEMENT

(1.) Central Bureau of Investigation (hereinafter referred to as CBI) have come up with these appeals aggrieved by the common judgment in W.P.C.No.27289 of 2003 and O.P. No. 23400 of 2002 quashing all proceedings in C.C. No. 513 of 1995 on the file of the Chief Judicial Magistrate, Ernakulam, under Art.226 of the Constitution of India. Writ Appeals have also been filed by the widow of Maniyeri Madhavan, the complainant.

(2.) Counsel appearing for the CBI Sri. S. Sreekumar submitted that the judgment of the learned Single Judge has the effect of nullifying the decisions of the Apex Court in Maniyeri Madhavan v. Sub Inspector of Police, 1994 (1) SCC 536 , Prem Shankar v. CBI, 1998 (2) KLT 103 and K.G. Premshanker v. Inspector General of Police, 2002 (3) KLT 389 (SC) : 2002 (8) SCC 87 , and the various directions contained therein with regard to the same subject matter.

(3.) Senior Counsel Sri. T.P. Kelu Nambiar, appearing for the respondents in W.A.No. 1979 of 2004 as well as the counsel appearing for the respondent in the other case supported the judgment of the learned Single Judge and submitted that the learned Single Judge has correctly applied the principle laid down by the Apex Court in Antony v. State of Kerala, 2003 (1) KLT 1 (SC) to quash the criminal proceedings. Placing reliance on the decision of the Apex Court in State of Karnataka v. L. Muniswamy and Others, 1977 SCC (Criminal) 404, counsel submitted that on facts also no case has been made out against the accused under S.120B of the Indian Penal Code. Counsel submitted, in any view of the matter, since the complainant is no more the principle laid down by the Apex Court in Shanker v. State of U.P., 1975 SCC (Crl.) 270, would squarely apply and there is no purpose in proceeding with the case C.C. No. 513 of 1995.