IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 Crl.MC.No. 1067 of 2008() ------------------------- CC.193/2006 of CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER: T.P.NANDAKUMAR, CHIEF EDITOR, CRIME FORTNIGHTLY, PUTHIYARA ROAD, KOZHIKODE. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENTS: 1. THE SECRETARY TO GOVERNMENT, HOME (SSA) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, CB, CID, SIG-1, THIRUVANANTHAPURAM. 3. THE CENTRAL BUREAU OF INVESTIGATION, CGO COMPLEX, LODHI ROAD, NEW DELHI-110 003, REPRESENTED BY ITS DIRECTOR. 4. THE SUPERINTENDENT OF POLICE, CBI, KATHRUKADAVU, KOCHI. BY DIRECTOR GENERAL OF PROSECUTION, SRI. P.G. THAMBY ADV. SRI.S.SREEKUMAR, SC FOR CBI FOR R3 & 4 SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R3 & 4 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.M.C. No. 1067 of 2008 ========================== Dated this the 29th day of May, 2008. O R D E R The petitioner who claims to be the Chief Editor of a periodical by name “Crime Fortnightly” seeks a direction to the Chief Judicial Magistrate, Thiruvananthapuram to entrust the investigation of the Crime No. 256/CR/S1/02 of the CBCID, Thiruvananthapuram, with the Central Bureau of Investigation. 2. The case of the prosecution in the above case is that accused Nos. 1 to 4 (Sobhana George, Chandramohan, Jayachandran and Anil P. Sreerangam) in furtherance of their common intention to defame and tarnish the image of Shri. K.V. Thomas, the then Minister for Tourism created a forged document as an intelligence report issued from the office of the DGP (Intelligence), Police Headquarters, Thiruvananthapuram making it appear to be genuine and caused the same to be telecast through accused Nos. 6 and 7 (V.O. Anil Kumar and Sukumaran) of Surya T.V with a view to see that Shri. K.V. Thomas is craftily ousted from ministership and in his place the 1st accused CRL.M.C. NO. 1067/2008 : 2: Sobhana George is appointed as a Minister either in the existing ministry or in the re-constituted ministry. 3. This petition was filed on 10.03.2008. According to the petitioner, the Crime Branch Police had not collected certain important pieces of evidence although they had filed the charge sheet against A1 to A6 on 13.11.2006 and the Government which had earlier taken up the stand before this Court that sufficient evidence had been collected by the investigating agency, was thereafter making a clean somersault by permitting the Special Public Prosecutor in charge of the case to withdraw from the prosecution of the offences against all the accused. 4. Since this Court has as per order dated 21.05.2008 in Crl.R.P. No. 1048 of 2008, set aside the order passed by the Chief Judicial Magistrate granting consent to the Special Public Prosecutor to withdraw the prosecution and has remanded the case back to the Chief Judicial Magistrate for fresh disposal after giving the petitioner herein also an opportunity of being heard, the petitioner can ventilate all his grievances before that court. In case the petitioner wants to produce any relevant piece of CRL.M.C. NO. 1067/2008 : 3: evidence to substantiate his contentions, it is open to him to produce the same also before the Chief Judicial Magistrate while considering the withdrawal petition. If after hearing all the parties, the Chief Judicial Magistrate feels that the investigation by the Crime Branch Police has not been satisfactory and that vital pieces of evidence have not been seized or produced before the court, it is open to the Chief Judicial Magistrate to order further investigation by the Crime Branch Police under Section 173(8) Cr.P.C. With these observations, this Crl.M.C is disposed of. V. RAMKUMAR, JUDGE. rv CRL.M.C. NO. 1067/2008 : 4: