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2025 Supreme(Online)(Mad) 68764

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, R.POORNIMA, JJ
The Deputy Superintendent of Police, Kodaikanal Sub Division, Dindigul District. – Appellant
Versus
State rep. by The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Senthil Kumar, Additional Public Prosecutor
For the Respondents: Mr.R.Sankarasubbu – for R1, R2 & R4 to R7, Mr.T.Lajapathy Roy Senior Counsel for Mr.S.Raja – for R3

JUDGMENT

(Judgment of this Court was delivered by R.POORNIMA, J.)

This Criminal Appeal has been filed by the complainant, challenging the judgment 19.01.2021 made in S.C.No.339 of 2018 on the file of the Principal District and Sessions Judge, Dindigul, in which judgment, the accused were acquitted of all charges.

2. The case of the prosecution in brief is as follows :

(a) Upon receiving specific information, that Maoists were undergoing arms training at Ezhamparai Moolaiyaru Stream situated at Vadakounchi Village from 11.04.2008. On 19.04.2008, a team of Police personnel led by the Additional Superintendent of Police proceeded to Ezhamparai Moolaiyaru Stream. They then conducted a search operation at Thandikudi, Pannaikadu, Palaimalai, Adukkam, Kounchi hill ranges. On 19.04.2008 at about 7'o clock, when they carried out the operation at Vadakounchi Village to Ezhamparai Moolaiyaru Stream at about 10.45 a.m, the Maoists, who were hiding near the location opened fire and also hurled country made bombs at the police party. The police issued a warning to those Maoists to surrender failing which they would be arrested. However, without heeding the warning, they continued firing at the polic

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