PREM SHANKAR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner in Crl. M.C. No. 2361 of 1995 is the 7th accused, the petitioner in Crl. M.C. No. 2209/95 is the first accused and the petitioner in Crl. M.C. No. 784/96 is the 10th accused in C.C. No. 513/95 on the file of the Chief Judicial Magistrate, Ernakulam. The prayer in Crl. M.C. 2361/95 and 2209/95 is to quash the entire proceedings against the petitioners, in C.C. No. 2361/95 before the Chief Judicial Magistrate, Ernakulam. And the relief sought for in Cr. M.C. 784/96 is to quash the proceedings dated. 6.3.96, issuing non Bailable Warrant against the petitioner. Before appreciating the contentions of both the petitioners and the respondents herein, the admitted facts as well as the revival contentions can be summarised hereunder:

(2.) On 2.2.1988, a news item in the evening Daily 'Sudinam' was printed and published by one Madhavan at Kannur as per which one 'Munja' an adivasi girl aged about 16 years was raped by one Rajan. Manja and her parents, on account of the above news published by Madhavan, lodged a complaint before the Superintendent of Police, Kannur. On that complaint a case was registered in Crime No. 50/88 under S.228A IPC and S.7(1)(d) of the Protection of Civil Rights Act in the Kannur Town Police Station as per the direction of the superintendent of Police (who is the petitioner in Crl. M.C. No. 2209/95). The case was entrusted with the Circle Inspector of Police of the said police station for investigation. The Circle Inspector of Police arrested Madhavan and the printing press of Madhavan was also searched by the Circle Inspector of Police, on 12.2.1988. After the arrest at 8 P.M. on that relevant day Madhavan was taken in the police jeep through a circuitous way to the police station and on the way Madhavan was assaulted by the police men in the jeep. At about 8.30 P.M. he was put in lock - up and on 13.2.1989 when Madhavan was produced before the Magistrate at Kannur, he complained that he was assaulted by the police and thereby he sustained injuries. The above submission of Madhavan were recorded by the Magistrate with the remand order. Then he was enlarged on bail by the Magistrate. For taking treatment for the injuries sustained by him he went to the hospital and got himself admitted there. While he was in the hospital as an in patient, he lodged a complaint before the Kannur Town Police Station wherein a case was registered in Crime No. 52/88 under S.143, 323, 324 etc of IPC against the Sub Inspector of Police, Kannur Police Station and also some six or seven unidentified police men.

(3.) The case registered against Madhavan in Crime No. 50/88 was quashed by this court in Crl. M.C. No. 954/88. Since there was no considerable progress in - the investigation by the Crime Branch in Crime No. 52/88, Madhavan moved this Court in Crl.M.C. No. 328/88 for entrusting the investigation to C.B.I. In this Crl. M.C., this Court passed an order directing the Deputy Inspector General of Police Northern Range to investigate the case. Being not satisfied with the above order passed by this Court, Madhavan moved the Supreme Court in SLP (Crl.) No. 2755/88 in which the Supreme Court passed an order on 22.12.1989 directing the Deputy Inspector General of Police, Central Range (Sri. M.G. A. Raman) to investigate and file the report within two months from the date of the representation by the de facto complainant. As directed by the Supreme Court, Madhavan made the representation before the Deputy Inspector General (Central Range) on 3.2.90. The D.I.G. forwarded the representation to the Kannur Town Police Station for investigation wherein a case in Crime No. 151 / 90 was registered against 13 named accused persons (including the present petitioners) under S.323, 341, 342, 357, 219, 166, 506(ii), 427 and 379 read with 34 IPC. But the investigation was not completed within 2 months as directed by the Supreme Court. By this time Sri. Raman (Deputy Inspector General of Police) was transferred to some other department without the permission or order of the Supreme Court. Therefore, Madhavan moved the Supreme Court again and the Supreme Court passed an order on 24.9.92 in SLP No. 3378/91 and 4456/92, in the above SLP (Crl.) No. 2755/90 entrusting the investigation to C.B.I. and also awarding a compensation of Rs. 10,000/- to Madhavan on account of the lapses in the investigation of the State Government. C.B.I. in that order was also directed to file the report within 4 months before the Supreme Court. C.B.I. then registered a case in R.C. No. 225/92 against all the 13 persons and investigated the case and filed its report before the Supreme Court on 5.5.1993 (after getting extension of 2 more months). The Supreme Court on 22.9.1993 passed the final order, entrusting the investigation of the case registered to C.B.I. After the investigation, C.B.I. moved the State Government for sanction after S.197 Cr.P.C. On getting sanction, C.B.I. filed the final report before the Chief Judicial Magistrate, Ernakulam against the 12 accused on 27.4.1995 (including the present petitioners) under S.324, 341, 342, 357, 219 and 166 IPC. The Chief Judicial Magistrate took the same on file on 5.5.1995.