Parimalam v. State by
Case brief
What is this about?
Criminal appeal challenging conviction under IPC and TNPPDL for property damage. Court acquitted appellants due to proof discrepancies regarding land survey numbers and held TNPPDL Act does not cover private property damage in solitary incidents absent public agitations.
What did the court decide?
Appellants acquitted of all charges. Judgment of Principal Session Judge set aside. Appellants set at liberty. Fine, if paid, refunded.
What the court decided
Crl.A.No.1 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.A.No.1 of 2020
- Parimalam 2. P.Muthuramalingam
... Appellants
Vs
State by The Inspector of Police, Namagiripettai Police Station. Namakkal District. ...Respondent PRAYER : This Criminal Appeal has been filed under Section 374(2) of Cr.P.C, against the sentence and order passed in S.C.No.61 of 2012 dated 13.12.2019, by the Principal Session Judge, Namakkal, convicting the appellants under Section 447 of IPC and sentencing to undergo 3 months R.I and fine of Rs.1,000/- each and i/d of fine to undergo 9 weeks S.I and under Section 3(1) of TNPPDL Act and sentencing to 3 years R.I and fine of Rs.1,00,000 each i/d of fine 9 months S.I and seeks to set aside the same.
For Appellants : Mr.C.Vidhusan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)
Issues for consideration
3 issues framed by the court
Whether the delay in lodging the complaint vitiated the prosecution case for damage caused to private property.
Whether the occurrence took place on the property claimed by the prosecution as per land survey records.
Whether Section 3(1) of the TNPPDL Act applies to ordinary mischief causing damage to private property not involving public agitations.
Parties & counsel
- appellant
1. Parimalam 2. P.Muthuramalingam
- respondent
State by The Inspector of Police, Namagiripettai Police Station
Coram
G.K.ILANTHIRAIYAN
Case details
As recorded by the court registry
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