K G PREMSHNKER Vs. INSPECTOR OF POLICE
LAWS(SC)-2002-9-59
SUPREME COURT OF INDIA (FROM: KERALA)
Decided on September 12,2002

K. G. Premshanker Appellant
VERSUS
Inspector Of Police And Anr. Respondents


Referred Judgements :-

B.N.KASHYAP V. EMPEROR [REFERRED]
M S SHERIFF VS. STATE OF MADRAS [REFERRED]
KHARKAN VS. STATE OF UTTAR PRADESH [REFERRED]
KARAM CHAND GANGA PRASAD VS. UNION OF INDIA [REFERRED]
V M SHAH VS. STATE OF MAHARASHTRA [OVERRULED]
EMPEROR VS. KHWAJA NAZIR AHMAD [REFERRED]



Cited Judgements :-

RAMESH KUMAR VOHRA VS. STATE OF HARYANA [LAWS(P&H)-2012-1-9] [REFERRED TO]
AJIT NAIN VS. CEAT FINANCIAL SERVICES LTD [LAWS(CAL)-2006-8-60] [REFERRED TO]
RAM PRAVESH AND ORS. VS. RAM BILASH AND ORS. [LAWS(ALL)-2015-5-307] [REFERRED TO]
SUDHA SINGH VS. STATE OF U.P. [LAWS(ALL)-2013-7-36] [REFERRED TO]
AZIM HASHMI PREMJI VS. STATE OF WEST BENGAL [LAWS(CAL)-2013-3-73] [REFERRED TO]
CHANCHARAPU MADHUSUDHAN REDDY VS. STATE OF A P [LAWS(APH)-2006-3-75] [REFERRED TO]
SANJAY PAREEK VS. MADHUSHREE SHARMA [LAWS(CAL)-2023-8-19] [REFERRED TO]
DILIP BABASAHEB LONDHE VS. STATE [LAWS(BOM)-2013-8-54] [REFERRED TO]
UMESH MEHRA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2011-4-1] [REFERRED TO]
MANATHANKADIYIL NAN VS. KUNIYIL GANGADHARAN [LAWS(KER)-2012-6-595] [REFERRED TO]
MOHANKUMAR VS. KUNIYEL IBRAHIM [LAWS(KER)-2016-11-122] [REFERRED TO]
D.M.KRISHNA VS. N.CHANDRASHEKARIAH [LAWS(KAR)-2019-12-179] [REFERRED TO]
S.RAMU VS. M.VALLUVAN [LAWS(MAD)-2022-2-127] [REFERRED TO]
DHANRAJ N. KOCHAR VS. N.R. VATCHALA [LAWS(MAD)-2022-8-225] [REFERRED TO]
ARVIND KEJRIWAL VS. ARUN JAITLEY AND ORS. [LAWS(DLH)-2016-10-52] [REFERRED TO]
SANDEEP SINGH VS. STATE OF NCT OF DELHI [LAWS(DLH)-2022-5-26] [REFERRED TO]
N.V. SUBBA RAO VS. STATE, THROUGH INSPECTOR OF POLICE CBI/SPE, VISAKHAPATNAM [LAWS(SC)-2012-12-15] [REFERRED TO]
VISHNU DUTT SHARMA VS. DAYA SAPRA [LAWS(SC)-2009-5-21] [REFERED TO]
SATISH CHANDER AHUJA VS. SNEHA AHUJA [LAWS(SC)-2020-10-24] [REFERRED TO]
ASI SHAM LAL VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2003-9-150] [REFERRED]
MOHANDAS VS. P ABDUL AZEEZ [LAWS(KER)-2011-6-185] [REFERRED TO]
RAJIV KUMAR VS. RAKESH KUMAR AND ORS. [LAWS(P&H)-2015-7-247] [REFERRED TO]
BUDH RAM VS. STATE OF HARYANA [LAWS(P&H)-2009-12-33] [REFERRED TO]
MOHINDER SINGH AND ORS VS. STATE OF PUNJAB & ANR [LAWS(P&H)-2012-2-543] [REFERRED]
PHULI DEVI VS. STATE OF HARYANA [LAWS(P&H)-2013-5-154] [REFERRED TO]
MANISHA VS. STATE OF HARYANA [LAWS(P&H)-2013-9-233] [REFERRED TO]
RAKESH KUMAR VS. STELLAR INFORMATION TECHNOLOGY PVT LTD [LAWS(DLH)-2020-1-122] [REFERRED TO]
SRI KALPATHARU FINANCIERS VS. V NATARAJAN [LAWS(MAD)-2012-2-493] [REFERRED TO]
SITARAM AGARWAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-12-76] [REFERRED TO]
JANAK SINGH YADAV VS. STATE OF U P MINISTRY OF IRRIGATION U P GOVT [LAWS(ALL)-2005-8-100] [REFERRED TO]
MORGAN SECURITIES & CREDITS P. VS. STATE OF DELHI [LAWS(DLH)-2013-9-300] [REFERRED TO]
KARTIK KIRTIKUMAR PARIKH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2017-12-184] [REFERRED TO]
A J K FERNANDEZ VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2009-5-72] [REFERRED TO]
AVITEL POST STUDIOZ LIMITED VS. HSBC PI HOLDINGS (MAURITIUS) LIMITED [LAWS(SC)-2020-8-25] [REFERRED TO]
DARSHAN KUMAR GUPTA VS. PUNJAB NATIONAL BANK AND ANR. [LAWS(P&H)-2002-10-131] [REFERRED TO]
JOGINDER SINGH AND OTHERS VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-2002-11-184] [REFERRED TO]
MADESWARAN ALIAS GANESAMOORTHY VS. SUGANYA [LAWS(MAD)-2010-4-446] [REFERRED TO]
VIKRAM VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2015-1-286] [REFERRED TO]
REV T I JAMES VS. SOUTH INDIA CORPORATION [LAWS(KER)-2012-7-429] [REFERRED TO]
T.I. JAMES, VICAR, C.S.I. IMMANUEL CHURCH, BROADWAY ERNAKULAM VS. SOUTH INDIA CORPORATION [LAWS(KER)-2012-7-660] [REFERRED TO]
MITHUN SHAMSUDDEEN VS. P.T. KRISHNAN AND ORS. [LAWS(KER)-2015-12-171] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. K G PREMSANKAR [LAWS(KER)-2004-11-68] [REFERRED TO]
SARDARJI MAGANJI WAGHELA VS. UNIONOF INDIA [LAWS(GJH)-2009-2-34] [REFERRED TO]
SARDARJI MAGANJI WAGHELA VS. UNION OF INDIA [LAWS(GJH)-2009-2-97] [REFERRED TO]
K KARUNAKARAN VS. INSPECTOR OF POLICE [LAWS(MAD)-2014-4-137] [REFERRED TO]
RAVI KIRAN REALTY INDIA LTD. VS. SECURITIES & EXCHANGE BOARD OF INDIA [LAWS(CAL)-2019-9-137] [REFERRED TO]
RINKI VS. STATE OF U P [LAWS(ALL)-2008-9-158] [REFERRED TO]
NIREN MOLHTRA VS. PROTAP KUMAR GHOSH [LAWS(CAL)-2008-2-24] [REFERRED TO]
RAMESH CHAND GUPTA VS. UNION OF INDIA [LAWS(DLH)-2009-2-146] [REFERRED TO]
PREM RAJ VS. POONAMMA MENON [LAWS(SC)-2024-4-3] [REFERRED TO]
RINA KUMARI @ RINA DEVI @ REENA VS. DINESH KUMAR MAHTO @ DINESH KUMAR MAHATO [LAWS(SC)-2025-1-48] [REFERRED TO]
PUNJAB URBAN DEVELOPMENT AUTHORITY VS. DASHMESH EDUCATIONAL SOCIETY [LAWS(P&H)-2004-10-99] [REFERRED]
SUBHASH KUMAR VS. RITIKA [LAWS(P&H)-2023-9-23] [REFERRED TO]
BALRAJ SINGH MEIJI VS. PIARA SINGH DHILLON [LAWS(P&H)-2012-10-596] [REFERRED]
APPU T VS. DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD [LAWS(KER)-2011-6-213] [REFERRED TO]
THOTTIYIL BABU VS. STATE OF KERALA [LAWS(KER)-2016-2-231] [REFERRED TO]
RAJESHBHAI BHIKHABHAI PRAJAPATI VS. STATE OF GUJARAT & 1 [LAWS(GJH)-2016-8-91] [REFERRED]
M INDARANI VS. SUGANYA [LAWS(MAD)-2010-4-444] [REFERRED TO]
KISHAN N. PARIKH VS. TRILOCHAN BARIK [LAWS(ORI)-2013-8-23] [REFERRED TO]
KALAWATI PANDEY VS. STATE OF JHARKHAND [LAWS(JHAR)-2022-5-43] [REFERRED TO]
K. S. RAVICHANDRAN VS. VENKATESAN [LAWS(MAD)-2021-4-175] [REFERRED TO]
RAM KUMAR KALYAN VS. RENUKA [LAWS(P&H)-2015-2-658] [REFERRED TO]
ADARSH RANI BEDI VS. SHASHI PAL SHARMA [LAWS(HPH)-2023-10-43] [REFERRED TO]
M. RAJESH VS. P. DEEPAK RAJ [LAWS(MAD)-2017-2-225] [REFERRED TO]
MAJOR SINGH VS. ANGREJ SINGH [LAWS(P&H)-2015-2-502] [REFERRED TO]
RENU AND ANR. VS. STATE OF U.P. AND 2 ORS. [LAWS(ALL)-2010-8-547] [REFERRED TO]
BAL BINODE BAJORIA VS. STATE OF WEST BENGAL & ANR [LAWS(CAL)-2017-8-86] [REFERRED TO]
DIGAMBER S/O MADHAVRAO UCHALE VS. PRAKASH S/O MADHAV SOLANKE [LAWS(BOM)-2016-9-21] [REFERRED TO]
DAYA SAPRA VS. VISHNU DUTT SHARMA [LAWS(DLH)-2007-12-69] [REFERRED TO]
BHARAT SHER SINGH KALSIA VS. STATE OF BIHAR [LAWS(SC)-2024-1-69] [REFERRED TO]
AIR CUSTOMS OFFICER IGI NEW DELHI VS. PRAMOD KUMAR DHAMIJA [LAWS(SC)-2016-2-38] [REFERRED TO]
CHIEF JUDICIAL MAGISTRATE COURT,THODUPUZHA VS. ISMAIL C.A [LAWS(KER)-2017-4-2] [REFERRED TO]
K.P. GEORGE VS. STATE OF KERALA [LAWS(KER)-2012-11-538] [REFERRED TO]
KISHAN HEGDE VS. STATE OF KARNATAKA [LAWS(KAR)-2021-3-28] [REFERRED TO]
YASHWARDHAN AGRAWAL S/ SHRI RAJ KUMAR AGRAWAL VS. INDERLAL AGRAWAL PROPRIETOR [LAWS(CHH)-2016-9-70] [REFERRED TO]
SUKHRAJI DEVI VS. BABU RAM KANAUJIA [LAWS(ALL)-2005-7-40] [REFFERED TO]
KAKARLA RAJENDRA PRASAD VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2020-9-134] [REFERRED TO]
S K BAHADUR VS. CBI [LAWS(DLH)-2013-3-190] [REFERRED TO]
N.GURUCHARANAM VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2012-10-33] [REFERRED TO]
VOL : 4; SUNNI CENTRAL BOARD OF WAQFS AND ORS VS. GOPAL SINGH VISHARAD AND ORS [LAWS(ALL)-2010-9-629] [REFERRED]
SHAUDAN VS. STATE OF U.P. [LAWS(ALL)-2013-12-21] [REFERRED TO]
PANKAJ JYOTI BORAH VS. STATE OF ASSAM AND ANOTHER [LAWS(GAU)-2018-2-114] [REFERRED TO]
TRIDENT STEEL AND ENGINEERING CO VS. VALLOUREC [LAWS(BOM)-2018-10-186] [REFERRED TO]
KARTIK KIRTIKUMAR PARIKH VS. STATE OF MAHARASHTRA AND ANR. [LAWS(BOM)-2018-1-300] [REFERRED TO]
THANKAMANI VS. USHADEVI [LAWS(KER)-2018-8-240] [REFERRED TO]
MATHAI VS. BIJU CHERIYAN [LAWS(KER)-2012-1-208] [REFERRED TO]
FRANCIS VS. JESSY [LAWS(KER)-2004-11-76] [REFERRED TO]
RUKMINI NARVEKAR VS. VIJAYA SATARDEKAR [LAWS(SC)-2008-10-39] [REFERRED TO]
KISHAN SINGH VS. GURPAL SINGH [LAWS(SC)-2010-8-84] [REFFERED TO]
GURU GRANTH SAHEB STHAN MEERGHAT VANARAS VS. VED PRAKASH [LAWS(SC)-2013-5-7] [REFERRED TO]
R.P. VASHISHT VS. DEPUTY COMMISSIONER OF INCOME TAX [LAWS(P&H)-2006-9-167] [REFERRED TO]
SHIVCHARAN ROUTEL VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2018-2-130] [REFERRED TO]
GOVIND SINGH SISODIYA VS. STATE OF M.P. [LAWS(MPH)-2018-2-525] [REFERRED TO]
MATHEW KUNJU MATHEW VS. K.V. KURIAKOSE [LAWS(KER)-2023-12-190] [REFERRED TO]
MATHEW KUNJU MATHEW VS. K.V. KURIAKOSE [LAWS(KER)-2023-12-190] [REFERRED TO]
RAOSAHEB S/O GOVINDRAO SANAP VS. RAM S/O BAPURAO CHORWADKAR [LAWS(BOM)-2017-4-262] [REFERRED TO]
GREEN GLOBE TRADING COMPANY VS. THE UNION OF INDIA AND ORS. [LAWS(MAD)-2016-4-105] [REFERRED TO]
HASHIR S/O ABDUL HAMEED VS. SHERMILY D/O RAFEEQUE [LAWS(KER)-2017-6-145] [REFERRED TO]
C.RADHAKRISHNA PILLAI VS. S.VASUDEVAN PILLAI [LAWS(KER)-2012-10-84] [REFERRED TO]
KOCHIRAM PARAMANIK VS. STATE OF WEST BENGAL [LAWS(CAL)-2014-4-166] [REFERRED TO]
ASHOK KUMAR SRIVASTAVA VS. U P PUBLIC SERVICES TRIBUNAL STATE OF U P [LAWS(ALL)-2005-11-12] [REFFERED TO]
PRAVESH V JETHWANI VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-6-14] [REFERRED TO]
NATIONAL GREEN TRIBUNAL BAR ASSOCIATION VS. UNION OF INDIA (UOI) [LAWS(NGT)-2014-9-24] [REFERRED TO]
MANOJ SHARMA VS. STATE [LAWS(SC)-2008-10-62] [REFERRED TO]
RADHESHYAM KEJRIWAL VS. STATE OF WEST BENGAL [LAWS(SC)-2011-2-65] [REFERRED TO]
CHINTALAPATI SRINIVASA RAJU VS. SECURITIES AND EXCHANGE BOARD OF INDIA [LAWS(SC)-2018-5-60] [REFERRED TO]
M/S VIDEOCON INDUSTRIES LTD. & ANR. VS. STATE OF MAHARASHTRA & ORS. [LAWS(SC)-2016-4-82] [REFERRED TO]
KUMAR NEERAJ VS. STATE OF BIHAR [LAWS(PAT)-2017-9-14] [REFERRED TO]
STATE OF HARYANA VS. SURESH PUNIA [LAWS(P&H)-2022-9-111] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION, MUMBAI VS. BHUPENDRA CHAMPAKLAL DALALVYAS [LAWS(BOM)-2019-1-141] [REFERRED TO]
MUSUNURI SATYANARAYNA VS. GORIJAVOLU SRINIVASA RAO [LAWS(APH)-2022-6-36] [REFERRED TO]
V G A DAYASAGAR VS. STATE OF A.P. REP. BY P.P [LAWS(APH)-2011-12-78] [REFERRED TO]
KUSUM SANDHU VS. VED PRAKASH NARANG [LAWS(DLH)-2008-7-270] [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. THE CARE TAKER GROUP AND ORS. [LAWS(DLH)-2009-4-340] [REFERRED TO]
SHIVA NATH PRASAD VS. STATE OF WEST BENGAL [LAWS(CAL)-2005-7-63] [REFERRED TO]
SAVITRI KAUSHAL VS. STATE [LAWS(DLH)-2017-5-188] [REFERRED TO]
PADMAKAR DHARMADHIKARI VS. STATE OF M.P [LAWS(MPH)-2006-3-146] [REFERRED TO]
RAVI BANSAL VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2013-8-1213] [REFERRED]
LALJI KESHA VAID VS. DAYANAND R. [LAWS(KAR)-2024-10-21] [REFERRED TO]


JUDGEMENT

- (1.)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 arrest at about 8.00 p.m. Madhavan was taken in police jeep to the police station and on the way he was assaulted by the policemen in the jeep. At about 8.30 p.m., he was put in lock up and on 13th February, 1988, he was produced before the Magistrate at Kannur. He complained that he was assaulted by the police and thereby he sustained injuries. After recording the aforesaid statement, the Magistrate enlarged him on bail. For taking treatment for the injuries sustained by him, he went to hospital and got himself admitted there. From there, he lodged an FIR which was registered as Crime No. 52 of 1988 under Sections 143, 323, 324 etc. of IPC against the Sub-Inspector of Police, Kannur and also six or seven unidentified policemen. The case registered against Madhavan was quashed by the High Court. As there was no progress in the FIR registered by Madhavan, he moved the High Court for entrusting investigation to the CBI. The High Court directed the Deputy Inspector General of Police, Northern Range to investigate the case. Not being satisfied by the said order, Madhavan preferred a Special Leave Petition before this Court and by order dated 22nd December, 1989, this Court directed the Deputy Inspector General of Police, Central Range, to investigate and file the report within two months. As there was no progress in the matter within the prescribed time, Madhavan again moved this Court and by order dated 24th September, 1992, this Court entrusted the investigation to CBI and also awarded compensation of Rs. 10,000/- to Madhavan. After investigation, CBI moved the State Government for sanction under Section 197, Cr.P.C. and thereafter filed report before the Chief Judicial Magistrate, Ernakulam against 12 accused including the present appellant on 27th April, 1995, for the offences punishable under Sections 324, 341, 342, 357, 219 and 166, IPC. The Chief Judicial Magistrate took cognizance of the said report.


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