K MUTHUPANDI Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to expunge the disparaging remarks made against the petitioner by the learned Principal Sessions Judge, Salem, while disposing of the case in S.C.No.92 of 2012.

(2.) The petitioner was working as the Inspector of Police of Sooramangalam Police Station. He conducted an investigation in Cr.No.484 of 2011, which was registered for an offence under Section 302 of IPC. The petitioner completed the investigation and filed a Final Report, which was subsequently committed to the Principal Sessions Court, Salem and was taken on file in SC.No.92 of 2012. Charges were framed and the trial was conducted and the trial Court after considering the entire materials available on record, was pleased to pass a judgment dated 30.10.2014, acquitting the accused persons from all the charges.

(3.) While passing the judgment, the Principal Sessions Judge, Salem, found that the petitioner had not conducted the investigation in a proper manner and had attempted to mislead the Court by filing certain documents, and therefore the same resulted in the acquittal of the accused persons. The trial Court therefore recorded a finding to that effect and recommended for departmental action against the petitioner. The trial Court further recommended that the petitioner should not be permitted to conduct investigation in any other case. While passing the said judgment, the trial Court took note of the judgment of the Hon'ble Supreme Court in State of Gujarat .Vs. Kishanbhai And Others, 2014 5 SCC 108.