R. VIJAYALAKSHI Vs. STATE

JUDGEMENT

(1.) This criminal revision case is filed against the order passed in Crl.M.P.No.3005 of 2017 in C.C.No.249 of 2008 by the learned Judicial Magistrate No.11, Mannargudi.

(2.) Crl.M.P.No.3005 of 2017 was filed under section 323 Cr.P.C. praying the learned Judicial Magistrate for committal to the Sessions Court. C.C.No.249 of 2008 has been taken cognizance for the offence alleged to have been committed by the accused under section 148, 447, 427, 506(ii), 379 IPC read with 149 IPC. It is alleged in the petition that when PW1 was examined, she stated that accused caused damages to his properties and the loss amounts to Rs.25,00,000/-. In the said consideration, the learned Public Prosecutor prayed the Court for committal of the case to the Sessions Court.

(3.) On considering the submissions, evidence and materials placed before the Court, the learned Judicial Magistrate found that committal of the case to the Sessions Court cannot be decided on the basis of the evidence of PW1 and dismissed the petition. Apart from this reason, the learned Magistrate also found that section 427 IPC deals with the punishment to be imposed for the offence of mischief causing loss and damage to the amount of Rs.50 and it is not stated in this section as to the maximum value of the damage. The learned Judicial Magistrate also found that since the value of the damage is more, the prayer for committal of the case to the Sessions Court is not legally sustainable and when the damage has been caused in a dispute between two individual parties, no offence under Tamil Nadu Properties (Prevention of damage and loss) Act, 1992 is made out. On these reasons, the learned Judicial Magistrate dismissed the petition. Against the said order, this revision petition is preferred.