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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
S.Vinayak – Appellant
Versus
The State Rep. by The Inspector of Police, Nagapattinam Town Police Station – Respondent
| Table of Content |
|---|
| 1. introduction of the case and context of the petition. (Para 1 , 2) |
| 2. petitioner's arguments on charges and legal base. (Para 3 , 4 , 10) |
| 3. court's obligation to assess evidence before framing charges. (Para 5 , 6 , 12) |
| 4. discussion on ownership and the relevance of civil disputes. (Para 7 , 8 , 11 , 13) |
| 5. final ruling and discharge of charges against the petitioner. (Para 14 , 15) |
ORDER
This Criminal Revision Case has been preferred against the order dated 15.02.2023 passed by the learned Principal Sessions Judge, Nagapattinam, in Crl.M.P.No.2186 of 2022 in S.C.No.152 of 2018, thereby dismissing the petition to discharge the petitioner from all the charges.
2. The case of the prosecution was that on 26.03.2017 the petitioner had trespassed into the defacto complainant's school viz., National Elementary School situated at Pudareegakulam, Vadakarai, Nagapattinam District and caused damage to the Mahatma Gandhi statue situated within the school premises. On the complaint, the respondent registered the FIR in Crime No.145 of 2017 for the offences punishable under Sections 448, 504, 505(1)(b) of IPC and Section 3(1) of the Tamil Nadu Property (Prevention of Damage and Lo
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