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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI
M. Ganesan, S/o. K. Muthusamy – Appellant
Versus
Thilagam, MBBS., DGO, Joint Director of Medical and Rural Health Service, Kuppur (Post) Dharmapuri – Respondent
| Table of Content |
|---|
| 1. arguments presented by the petitioner regarding the discharge application. (Para 2 , 6) |
| 2. details of the allegations against the petitioner. (Para 3 , 4 , 5) |
| 3. prosecution's view on the involvement of the petitioner. (Para 9 , 11) |
| 4. court's observations on the adequacy of investigations. (Para 10 , 12 , 19) |
| 5. interpretation of statutory requirements in the context of the case. (Para 24 , 40) |
| 6. final conclusion of the court regarding the dismissal of charges. (Para 42 , 43) |
ORDER :
T.V. THAMILSELVI, J.
Challenging the impugned order passed by the learned District-cum-Judicial Magistrate, Pennagaram, Dharmapuri District, in Criminal M.P. No.2389 of 2022 in C.C. No.17 of 2021, the first accused has preferred the present revision.
2. Before the Trial Court, the petitioner filed an application under Section 245(2) of the Code of Criminal Procedure, seeking to discharge him from the criminal proceedings on the ground that there is no prima facie material available to prosecute him for the alleged offences under Sections 19(b), 19(d) and 19(g) of the Transplantation of Human Organs and Tissues (TOHO) Act, 1994. Objections were raised by the prosecution. After hearing both s
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