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2023 Supreme(Mad) 1115

R. SUBRAMANIAN, L. VICTORIA GOWRI
Mangalanatha Durai – Appellant
Versus
State Through the Inspector – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr.S.Ramesh
For the Respondents:Mr. Hassan Mohammed Jinnah, Public Prosecutor assisted by Mr.T.Senthil Kumar, Mr. A.Gobinath, Government Advocate (Crl.Side) & Miss.J.R.Archana, Advocate

JUDGMENT :

R.SUBRAMANIAN, J.

Prayer: Criminal Revision filed under Section 397 read with 401 of the Code of Criminal Procedure, praying to call for the records pertaining to the impugned order in Crl. M.P.No.586 of 2021 in SC No.5 of 2020 dated 11.07.2022 on the file of the Principal District and Sessions Judge, Ramanathapuram and set aside the same by allowing this Criminal Revision Petition.

This Criminal Revision is before us consequent upon a reference made by Hon’ble Mr.Justice G.Ilangovan, who noted conflicting views that were expressed by various Hon’ble Judges of this Court on the applicability of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 to damage caused to private property in certain circumstances.

2. The question that has been referred to the Bench by the Hon’ble Mr.Justice G.Ilangovan, is as follows:

    “Whether or not, the offence causing loss or damage to the private properties during private dispute between two groups or individuals can be investigated and tried as per the provisions of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 as amended by Act 46 of 1994.”

3. The law relating to prevention of damage to public property was codifie

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