P.Vijayan vs State Of Kerala & Anr

The Supreme Court upheld the High Court's decision to dismiss the discharge petition of the appellant, a retired IPS officer accused under Section 302 IPC read with Section 34 for the alleged murder of Naxalite Varghese during a police operation in 1970. The Court noted that the allegations of a fake encounter emerged only in 1998, long after the incident, and emphasized the need for a thorough investigation into the claims made in the counter affidavit by Constable Ramachandran Nair. The Court held that the CBI's registration of an FIR was justified based on the new evidence presented, thereby allowing the prosecution to proceed.