K G PREMSHANKER Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The facts unravelled by the various stages of the chequered career of this seemingly interminable case, reveal the shockingly disturbing manner in which an investigation ordered by no less a court than the highest Court of this country and the consequent prosecution, have been attempted to be sabotaged by an I.P.S. Officer by grossly abusing the process of various Courts. He was resorting to a tiring out process in which the de facto complainant who had exhibited tremendous courage to fight his case upto the Apex Court had to give up his battle by bidding farewell to this world when the Providential call came in the meanwhile.

(2.) In this Revision filed under Section 397 read with Section 401 Cr.P.C. the revision petitioner, K.G. Premshankar, Addl. Director General of Police, Thiruvananfhapuram and who was at the relevant time Superintendent of Police, Kannur challenges Annexure - V order dated 22-2-2007 passed by the Chief Judl. Magistrate, Ernakulam in Crl. M.P. 751 of 2007 in C.C. No. 513 of 1995 refusing to drop the proceedings against the revision petitioner who contended that there was no valid sanction to prosecute him for offences punishable under Sections 323, 342, 357, 27, 465 and 201 read with Section 120B. I.P.C.

(3.) I heard Advocates Sri. K. Ramakumar and Sri. Manjeri Sunder Raj, the learned Counsel appearing for the revision petitioner, Adv. Sri. P.G. Thambi, the learned Director General of Prosecutions and Adv. Sri. S. Sreekumar, the learned Standing Counsel for the C.B.I.