K.P.S.JAYACHANDRAN Vs. S.JAYASURIYAN

JUDGEMENT

(1.) The petitioner herein is the private complainant in Criminal M.P.No.381 of 2006 on the file of the Chief Judicial Magistrate, Erode. He filed the complaint in his capacity as one of the I.Os, who arrested the accused and recorded the confession statement of the accused in Erode (North) Police Station, Crime Nos.77 of 2004, 733 of 2003 and 409 of 2004 culminating in C.C.Nos.296 to 298 of 2009 on the file of the District Munsif cum Judicial Magistrate, Perundurai, which ended in an order of acquittal of the accused for the offence under Section 379 IPC.

(2.) The present Criminal Revision is filed against the dismissal of the private complaint filed against (i)S.Jayasuriyan, Former Special Magistrate J.M.I, Erode, (ii)A.Nagaraj, Member of Friends of Police, (iii)Liakath Ali, Head constable, Erode (North) Police, (iv)Kulanthaisamy, Deputy Superintendent of Police, Erode Town Sub Division, Erode District and (v)P.Balasubramanian, then Superintendent of Police, Erode District who dealt with the investigation in Crime Numbers in question and who are in -charge of the prosecution in CCs as above referred to.

(3.) The complainant has in the present complaint, sought to proceed against the respondents/accused for the offences under sections 167, 193, 196,204,218, 219, 466, 471, 120(b) and 34 IPC by ascribing definite specific overt act. In short, the grievance raised herein is that the accused conspired together to fabricate the Court records, thereby, they are liable for the initiation of the departmental enquiry against them for their alleged violation for conducting the investigation and the Court proceedings in proper and effective manner in respect of the above said crime numbers and C.C.Numbers.