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2008 Supreme(Ker) 233

V.RAMKUMAR
T. P. Nandakumar – Appellant
Versus
State, Represented By Deputy – Respondent


Advocates Appeared:For the Petitioner:K. Ramakumar (SR.), Advocate. For the Respondents: Public Prosecutor.

Judgment :

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.

THE PROSECUTION CASE

2. TheDeputy 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 M



















































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