CHINNADURAI Vs. STATE

JUDGEMENT

(1.) CRIMINAL M. P. No. 8907 of 1988 has been filed by the complainant to direct the First Additional Sessions Judge, Tirunelveli to try sessions Case No. 9 of 1988 along with the private complaint filed by the petitioner in P. R. C. No. 27 of 1988 on the file of the Judicial Second Class magistrate, Srivaikuntam, after the same is committed to Sessions. Crl. M. P. No. 9568 of 1988 has been filed by the 5th accused in Sessions Case No. 9 of 1988 to implead him as 2nd respondent in Crl. M. P. No. 8907 of 1988.

(2.) ACCORDING to the petitioner in Crl. M. P. No. 8907 of 1988, his brother R. S. Pandian was murdered on 19. 5. 1987 at 10. 30 P. M. , while he was returning from Eral to his house. With respect to that incident, the petitioner has lodged a complaint to the Head Constable, Eral Police Station but the latter did not record the complaint properly and did not include all the accused named by the petitioner in the complaint. Though the petitioner had made allegations against 18 persons, the respondent/inspector of Police, srivaikuntam did not investigate properly and filed the charge-sheet only against seven persons, viz. , accused 1 to 7 in P. R. CNo. 25 of 1987 on the file of the Judicialsecond Class Magistrate, Srivaikuntam. The case has been committed to the Court of Sessions, Tirunelveli Division and posted for trial before the First Additional Sessions Judge, Tirunelveli in Sessions Case No. 9 of 1988.