Suresh Kumar v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.10.2023 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN and Crl.M.P. No.15580 of 2023 Sureshkumar ... Petitioner -vs1.State Rep. by its Inspector of Police, Keelaiyur Police Station, Nagapattinam. (Cr. No.36 of 2023) 2.V.Kalimuthu

...Respondents

PRAYER : Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the impugned P.R.C.No.31 of 2023 filed before the learned District Munsif cum Judicial Magistrate, Kilvelur by the 1st respondent and to quash the same. For Petitioner : Mr.P.Vijendran For Respondents : Mr.S.Udaya Kumar, Government Advocate (Crl.Side)

ORDER

The petition to quash P.R.C. No.31 of 2023 on the file of the learned District Munsif cum Judicial Magistrate, Kilvelur arisen out of Crime No.36 of Page No.1/4

2023 dated 03.03.2023.

2. The case of murder warrants that one Anbazhagan found to be dead with injuries over the body on 03.03.2023. F.I.R. was registered against the brother in law Sureshkumar and two others. In the F.I.R., it is narrated that there was a quarrel between the deceased and the accused on the earlier day was the provocation and motive for the murder of deceased Anbazhagan. The prosecution after investigation has filed the final report and the case is under PRC stage.

3. The learned Government Advocate (Crl.Side) states that the accused were served copies under 207 Cr.P.C on 05.07.2023 and expected to be committed to the Sessions Court soon.

4. Since the statement under Section 161 Cr.P.C of the witnesses indicts the petitioner herein, and it is not a case for quash. First of all, the trial of the case has to be taken up immediately and completed within a reasonable time. Therefore, the learned Principal District Judge of Nagapattinam is hereby directed to monitor the trial of P.R.C. No.31 of 2023 and commence the trial at the earliest and complete it by not later than the end of January 2024. Page No.2/4

5. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. 06.10.2023 Internet : Yes/No Index : Yes/No rkp To 1.The Principal District Judge, Nagapattinam.

2.The District Munsif cum Judicial Magistrate, Kilvelur.

3.The Inspector of Police, Keelaiyur Police Station, Nagapattinam.

4.The Public Prosecutor, Madras High Court, Madras.

Page No.3/4

Dr.G.JAYACHANDRAN, J.

rkp and Crl.M.P. No.15580 of 2023 06.10.2023 Page No.4/4