E KALIVARATHAN Vs. STATE

JUDGEMENT

(1.) The petitioner was the fifth accused in C.C.No.12 of 2010 on the file of the learned Judicial Magistrate No.II, Panruti. He stood prosecuted along with eight others for alleged offences under Sections 147, 148 and 323 of IPC. During trial as many as 12 witnesses were examined and 16 documents were exhibited on the side of the prosecution. But, no witness had implicated the petitioner in any manner with the alleged crime. The learned Magistrate by order dated 31.12.2012, acquitted all the accused including the petitioner. The said order of the learned Magistrate has become final.

(2.) Subsequently, the petitioner made an application for the post of Grade II Police Constable governed by the "Tamil Nadu Subordinate Police Service Rules". After the written examination and the physical test, he was selected for the said post. Then police verification of his antecedence was ordered and on such verification, it was found that the petitioner was an accused in the above case and he was acquitted by the learned Magistrate. However, the Recruitment Board rejected his candidature on the ground that the acquittal of the petitioner in the above case is not an "honourable acquittal".

(3.) Now the petitioner is before this Court with this criminal revision with the following prayer: