Criminal RC (Md).No.869 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on

17.04.2023

Delivered on

08.06.2023

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

AND

THE HONOURABLE MRS.JUSTICE L. VICTORIA GOWRI

Criminal RC (MD) No.869 of 2022

1. Mangalanatha Durai

2. Asmathullah

3. Jegan Prasath

4. Noordeen

5. Satham Hussain

6. Singam

... Petitioners/Accused 1 to 6

Vs.

State Through the

Inspecto fo Police,

Bazaar Police station,

Ramanathapuram.

Crim No.692 of 2016

... Respondent/Complainant

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Criminal RC (Md).No.869 of 2022

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.

For Appellants : Mr.S.Ramesh

For Respondents : Mr. Hassan Mohammed Jinnah

Public Prosecutor assisted by

MR.T.Senthil Kumar

Additional Public Prosecutor

& Mr. A.Gobinath,

Government Advocate (Crl.Side)

& Miss.J.R.Archana, Advocate

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)

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

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Criminal RC (Md).No.869 of 2022

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 codified as a separate enactment by the Parliament which introduced

the Prevention of Damage to Public Property Act, 1984. The said Act

sought to carve out certain Acts causing damage to public property as a

criminal offence and prescribed a punishment for the same. This led to

various States passing various enactments covering the subject viz.

Prevention of Damage to Public Property.

4. As far as the State of Tamil Nadu is concerned, the State

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Criminal RC (Md).No.869 of 2022

Legislature had enacted the Tamil Nadu Public Property (Prevention of

Destruction and Loss) Act, 1982, which is a very short legislation with only

seven Sections. The said enactment while criminalising a mischief with

respect to Public Property provided for punishment and the word ‘mischief’

was to take the same meaning as the one defined under Section 425 of the

Indian Penal Code. The said enactment dealt with only properties owned by

public entities. upon the enactment of the 1984 Act by the Parliament, the

1982 Act naturally became void and unenforceable. The State Legislature

therefore, enacted what is known as the Tamil Nadu Property (Prevention of

Damage and Loss) Act, 1992 (hereinafter referred to as ‘the 1992 Act’). The

1992 Act was enacted after repealing the 1982 Act. The 1992 Act apart

from incorporating the provisions of the 1982 Act also extended its scope

and created a machinery for grant of compensation for the loss caused to

property. The 1992 Act, as it was originally enacted, applied only to public

property and it was titled as Tamil Nadu Public Property (Prevention of

Damage and Loss) Act, 1992.

5. Section 2(4) of the said Act defined Public property as property

movable or immovable