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2007 Supreme(Ker) 511

V.RAMKUMAR
T. P. Nandakumar – Appellant
Versus
State of Kerala, Represented by the Public Prosecutor – Respondent


Judgment :-

In this Revision filed under Sec. 397 read with Sec.401 Cr.P.C. the revision petitioner (T.P. Nandakumar) who is the first accused in C.C.27 of 2006 on the file of J.F.C.M – V, Thiruvananthapuram challenges the order dated 16-7-2007 passed by the learned Magistrate rejecting the revision petitioner’s application (C.M.P. 6887/06) for discharge under Section 239 Cr.P.C.

2. The revision petitioner is the Chief Editor of a bi-weekly called “Crime” published from Kozhikode. On 28-6-1999 Smt. Sobhana George who was then an opposition M.L.A.,. submitted a written complaint before Sri. E.K. Nayanar, the then Chief Minister of Kerala. The substance of the said complaint is as follows:

At about 9 a.m. on 26-5-1999 two strangers came to her rented house at Angadikkal in Chengannoor. One of them introduced himself as Santhosh Thampan and told her that he is the reporter and his companion is the photographer of an evening daily, which was being launched. They sought her permission to interview her in connection with late. Smt. K.R. Saraswathi Amma, an eminent social worker who had twice represented Chengannur Constituency in the Kerala Legislative Assembly. That day was the cremation








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