T P NANDAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) IN this Revision filed under Sections 397 read with Sec. 401 Cr. P. C. the petitioner who claims to be the Chief Editor of a periodical by name "crime Fortnightly" challenges the order dated 11-3-2008 passed by the Chief Judicial Magistrate, Thiruvananthapuram, giving consent to the Special Public Prosecutor in-charge of C. C. 193 of 2006 to withdraw from the prosecution all the 7 accused persons in the above case, and consequently discharging the said accused persons of all the offences.

(2.) THE Deputy Police Superintendent , CBCID, SIG - I, Muttada, Thiruvananthapuram filed before the Chief Judicial Magistrate, Thiruvananthapuram a final report under Sec. 173 Cr. P. C. against 7 persons arrayed as the accused in the case. A synoptic resume of the prosecution case is as follows:-During the general elections to the Kerala Legislative Assembly in the year 2001, the first accused (Smt. Shobhana George) while contesting for the election from the Chengannur Assembly Constituency, spread a propaganda that if she succeeded in the election she would definitely be a Minister. Eventhough the first accused Shobhana George had won the election, she could not become a Minister. While so, a news came to the effect that charge witness No. 108 (Sri. K. V. Thomas) who had become a Minister from the Congress-I group was shifting his allegiance towards the congress "a" Group. Thereupon, A2 (Chandramohan) a journalist by occupation, A3 (Jayachandran) also a journalist and A4 (Anil P. Sreerangam), P. A. to the first accused Shobhana George, with a view to see that the wishes of the first accused to somehow or other get into the existing or re-constituted Ministry, are fulfilled, conceived plot that by leveling grave, atrocious and false allegations against Sri. K. V. Thomas he would be constrained to resign from the Ministry. A2 to A4 then advised the first accused to create such a situation that would compel Sri. K. V. Thomas to resign from the Ministry or to see that the entire ministry falls down. Accordingly, A1 to A4 together with A5 (T. T. Praveen, a student hailing from Neyaattinkara and a close associate of A4) A6 (V. O. Anilkumar, Chief News Reporter, Soorya T. V.) and A7 (Sukumaran, Chief News Editor, Soorya T. V.) hatched a criminal conspiracy, at about 1. 30 p. m. on 23- 6-2002 in the house of A1 at Akkulam in Thuruvickal Village and in pursuance of the said conspiracy at about 5. 30 p. m. on the same day in the D. T. P. room of Vinfarge Press belonging to charge witness No. 96 (Jasmine) at Muduvanmukal, they created a false and forged document purporting to be an intelligence report alleged to have been sent by the Director General of Police (Intelligence), Police Head Quarters, Thiruvananthapuram to the Secretary of the then Chief Minister who was also holding the Home portfolio stating that Sri. K. V. Thomas, Minister for Tourism and Fisheries was involved in a Havala Money Transaction to the tune of Rs. 336 crores. The forged intelligence report was created using the C. P. U. of the Computer belonging to A2 after making use of the impression of the seal of the Police Headquarters made available to A2 by A3. A news item based on the forged intelligent report was then flashed through Soorya T. V. Channel by A6 and A7 in the news bulletins at 6. 30 p. m. and 11 p. m. on 24-6-2002. The telecasting of the said news item by A6 and A7 was with the intention of making the viewers and the public believe that the forged intelligent report was genuine. Thereafter, evidence of the commission of the above offences was destroyed by the accused persons by burning the incriminating papers, removing the Sim cards and entrusting the same along with the mobile phones with charge witness Nos. 53 and 57, by deleting the data in the C. P. U. and by re-installing the hard disc after re-formatting and over-writing the same. The accused have thereby committed offences punishable under Sections 466, 469, 471 and 201 read with Sec. 120 B, 109 and 34 I. P. C.

(3.) THE final report was filed before the Chief Judicial Magistrate on 13-11-2006. There are altogether 174 prosecution witnesses, 138 documents and 32 material objects produced along with the final report. On 17-11-2006 the learned Magistrate took cognizance of the aforementioned offences as against A1 to A6.