ORDER :

(This case has been taken up for hearing through Video conferencing)

This criminal revision case is filed against the order passed in Crl.M.P.No.3005 of 2017 in C.C.No.249 of 2008 by the learned Judicial Magistrate No.II, Mannargudi.

2. Crl.M.P.No.3005 of 2017 was filed under section 323 Cr.P.C. praying the learned Judicial Magistrate for committal to the Sessions Court. C.C.No.249 of 2008 has been taken cognizance for the offence alleged to have been committed by the accused under section 148, 447, 427, 506(ii), 379 IPC read with 149 IPC. It is alleged in the petition that when PW1 was examined, she stated that accused caused damages to his properties and the loss amounts to Rs.25,00,000/-. In the said consideration, the learned Public Prosecutor prayed the Court for committal of the case to the Sessions Court.

3. On considering the submissions, evidence and materials placed before the Court, the learned Judicial Magistrate found that committal of the case to the Sessions Court cannot be decided on the basis of the evidence of PW1 and dismissed the petition. Apart from this reason, the learned Magistrate also found that section 427 IPC deals with the punishment to be imposed f