JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Applicability of the provisions of Section 482 of the Code of Criminal Procedure for quashing of a complaint petition filed by the respondent herein against the appellant under Section 500 of the Indian Penal Code is in question in this appeal which arises out of a judgment and order dated 8.09.2006 passed by the High Court of Judicature at Madras in Criminal O.P. No. 10819 of 2006.

3. Appellant herein is a retired teacher. He is said to be the owner of a land admeasuring 0.83 acres in new survey No. 246/1B at Naluvedapathi Village. About 180 numbers of coconut tress are said to have been planted on the said land.

4. On 3.06.2003, when the appellant allegedly visited his land, he found that 9 coconut trees were dead. Upon enquiry, he allegedly came to know that one Namasivayam son of Rajagopal and Kaliappan son of Ramu of Naluvedapathi Village had damaged the said coconut trees by pouring acid mixed with kerosene thereon allegedly on the advice of the respondent herein.

5. On 4.06.2003, the appellant filed a complaint before the Sub-Inspector of Police, Thalaignayar Police Station, contending:

“...On 30.4.2003, the Panchayat Union Comm