Judgment

Shah, J.—Leave granted.

2. The appellant and others who are accused in CC No. 513/95 filed Criminal Miscellaneous Case Nos. 2209/95, 2361/95 and 784/96 before the High Court of Kerala for quashing the prosecution against them. Those petitions were rejected by the High Court by judgment and order dated 11th June, 1998. Hence, this appeal.

3. The prosecution was launched against the present appellant which arose out of an incident which occurred because of a news item in the evening Daily ‘’Sudinam” on 2nd February, 1988. The news item was printed and published by one Madhavan at Kannur as per which one tribal girl - Manja, aged about 16 years was raped by one Rajan. Manja and her parents lodged a complaint before the Superintendent of Police, who transferred the complaint to the appellant herein, who was a Superintendent of Police - Kannur for investigation. On that complaint, a case was registered in Crime No. 50/88 under Section 228A IPC and Section 7(1)(d) of the Protection of Civil Rights Act. The case was entrusted to the Circle Inspector of Police who arrested Madhavan and the printing press was also searched on 12th February, 1988. It is contended that after the ar