K P S JEYACHANDRAN Vs. STATE

JUDGEMENT

(1.) The petitioner, who is the sole accused in C.C. No. 568 of 2008 on the file of the learned Judicial Magistrate I, Erode seeks to quash proceedings in such case.

(2.) The case in Crime No. 167 of 2003 was registered on 28.4.2003 by the Sub-Inspector of Police, Erode North Police Station under Section 174 Cr.P.C. The body of a man aged about 35 years, bearing injuries was found floating in a well. The original investigation in the case was conducted by the Sub-Inspector of Police then attached to such police station. This petitioner upon transfer as Inspector of Police, Erode Town, took charge of the investigation on 29.9.2003, effected alteration of the FIR to reflect Section 302 IPC, recorded statements under Section 164 Cr.P.C. from 5 persons, prepared the toposketch and observation mahazar.

(3.) The petitioner is said to have misconducted himself in the conduct of such investigation and the petitioner was arrayed as the 5th accused in Crime No. 167 of 2003. The petitioner had filed a petition for discharge in Crl. M.P. No. 415 of 2006 in P.R.C. No.10 of 2005 before the learned Judicial Magistrate I, Erode, which was allowed. Thereagainst, the State preferred a criminal revision in Crl. R.C. No. 731 of 2006 and this Court, under order dated 2.7.2008 inter alia has held as follows: