Petitioner sought to set aside the adjudication order by noting that the Tamil Nadu Public Property Act was amended to cover private property damage in rioting. The court accepted this submission and set aside the lower court order.
Order of learned Chief Metropolitan Magistrate dated 10.08.2021 in C.C.No.1501 of 2014 is set aside.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2022
CORAM:
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
CRL.O.P.NO.17596 OF 2021
Sadagopan ...Petitioner
Vs.
1.The State: By Inspector of Police, C-3, Seven Wells Police Station, Chennai – 600 001.
2.Naina Mohammed
3.Imran @ Imran Khan
4.M.A.Mohideed @ Mohammed Mohideen
5.Ameer Amsa ...Respondents
PRAYER : Criminal Original Petition had been filed under Section 482 of Cr.P.C, praying to set aside the adjudication order dated 10.08.2021 in C.C.No.1501 of 2014 on the file of the learned Chief Metropolitan Magistrate, Egmore.
For Petitioner : M/s.E.Swetha For R1 : Mr.L.Baskaran Government Advocate (Crl.Side) ORDER
When the Case came up for hearing today, the learned Counsel for the Petitioner submitted that the Petitioner had approached this Court seeking to set aside the order passed by the learned Chief Metropolitan Magistrate, Egmore in CC.No.1501 of 2014 dated 10.08.2021.
learned Counsel for the Petitioner, furnished the copy of the amendment before this Court as per the GOMS no.731 dated 23.12.1992, the learned Counsel for the Petitioner also relied on the order of this Court dated 27.07.2009 in Crl.R.C.(MD) No.774 of 2006.
Sub Assistant Registrar
sha
To
1.The Inspector of Police, C-3, Seven Wells Police Station, Chennai – 600 001.
2.The Public Prosecutor High Court, Madras.
+1cc to Mr.T.K.S.Gandhi, Advocate Sr.No.37321
Crl.O.P.No.17596 of 2021
AK-II(CO) RVM(06/07/2022)
1 issue framed by the court
Whether the order passed by the learned Chief Metropolitan Magistrate should be set aside in light of the amended Tamil Nadu Property (Prevention of Damage and Loss) Act.
2 provisions across 2 enactments
Sadagopan
The State
Naina Mohammed
Imran @ Imran Khan
M.A.Mohideed @ Mohammed Mohideen
Ameer Amsa
SATHI KUMAR SUKUMARA KURUP
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
SATHI KUMAR SUKUMARA KURUP
