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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI, J
M.Ganesan – Appellant
Versus
Dr.Thilagam – Respondent
Headnote: Read headnote
ORDER
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 sides, the learned Trial Judge dismissed the application, holding that the reasons assigned by the petitioner require appreciation of detailed evidence and that, at this stage, the petitioner cannot be discharged.
Aggrieved by the said order, the
The absence of actual organ transplantation is essential to establish guilt under the Transplantation of Human Organs and Tissues Act; mere allegations without prima facie evidence cannot sustain cri....
The court highlighted the necessity for a thorough evaluation of evidence before rejecting a discharge application, emphasizing that mere suspicion without substantial proof is insufficient for prose....
The central legal point established in the judgment is the requirement to establish intentional, dishonest, or fraudulent inducement and deception to constitute offences under Section 419 and Section....
The court emphasized that a discharge is warranted when the allegations do not establish a prima facie case, particularly in the absence of strong suspicion and material evidence linking the accused ....
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