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1941 Supreme(Mad) 198

WADSWORTH
Natesa Naicker – Appellant
Versus
Sambanda Chettiar – Respondent


JUDGMENT

Wadsworth, J.

1. These two matters arise out of an application for the filing of a complaint under Section 206 of the Indian Penal Code in respect of the cutting of trees alleged to be under an attachment at the instance of the District Munsif s Court, Poonamallee. The application was rejected by the District Munsif mainly on the ground that the attachment covered trees described as Palavrukshangal which the learned District, Munsif interpreted as fruit bearing trees, not including casuarina trees such as were cut. The applicant appealed to the District Judge of Chingleput who differed from the, District Munsif as to the interpretation of the phrase he translating it as various trees not as "fruit bearing trees" and considering that the attachment was intended to cover all the trees on the land and not merely fruit bearing trees. But the learned District Judge came to the conclusion that the materials on the record of the District Munsif s inquiry were not sufficient to justify the filing of a complaint by the appellate Court and he also came to the conclusion that he had no power under Section 476-A of the Code of Criminal Procedure to remand the petition for the taking of




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