Gurumoorthy v. State Rep.by
Case brief
What is this about?
High Court quashed prosecution against petitioners alleging damage to a police station, finding the building was already shifted and vacant in 2000, making the alleged offense non-existent.
What did the court decide?
P.R.C.No.30 of 2017 stands quashed; connected Miscellaneous Petition closed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.12.2021
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
CRL. O.P. NO.29073 OF 2017 AND CRL.M.P.NO.16411 OF 2017
1.Gurumoorthy
2.Sivakumar ...Petitioners/ Accused 1 & Accused 2 .Vs. 1. State rep.by The Inspector of Police, Manulurpettai Police Station, Manalurpet, Villupuram District. (Crime No.219 of 2016) ... 1st Respondent/ Complainant 2.Akilan S/o.Silambarasan Sub-Inspector of Police, Manalurpettai Police Station, Tirukoilur Taluk, Villupuram District. ...2nd Respondent/ Defacto Complainant PRAYER:
Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records pertaining to P.R.C.No.30 of 2017, pending on the file of the learned Judicial Magistrate Court, Tirukoilur and quash the same.
For Petitioners : Mr.A.E.Lakshminarayanan For Respondents : Mr.S.Vinoth Kumar Government Advocate(Crl.side) for R1
R2-No appearance
Issues for consideration
2 issues framed by the court
Whether the offence of damage to police station can be constituted when the building was already shifted and vacant.
Whether the petitioners can be held liable for leveling land allotted to the Post Office post-shifting of the police station.
Parties & counsel
- petitioner
Gurumoorthy & Sivakumar
- respondent
State rep.by The Inspector of Police, Manulurpettai Police Station
- respondent
Akilan S/o.Silambarasan
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court