Jomon Puthanpurackal vs State Of Kerala Represented By The on 26 August, 2008
This Court had
in Nandakumar v. State - 2008 (2) KLT 913 had
expanded the horizon of locus standi in the matter of
withdrawal from criminal prosecution. When the
investigation by the former investigating officer was
being stifled by high level intervention resulting in
culpable inertia on the part of the present officer in-
charge of the investigation , the petitioner was only
attempting to alert the C.B.I. By dismissing the
petition filed by the revision petitioner the Chief Judicial
Magistrate has virtually abdicated his duties. The
petitioner had been putting up a relentless battle
Crl.M.C. 1988 of 2008 -:5:-
against the forces which were responsible for the
tragic death of Sister Abhaya. It was the petitioner who
fought the case for the past 16 years and whatever
investigation worth its name has been conducted only
after the petitioner came to the scene and started
crusading the cause. Hence, the order passed by
the Chief Judicial Magistrate is liable to be set aside.