SANKAR Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The above criminal original petition has been filed under Section 482 of the Code of Criminal Procedure praying to call for the records in connection with PRC.No.28/2003 on the file of the Court of Judicial Magistrate No.I, Sivagangai and quash the same against the petitioner.

(2.) Petitioner is arrayed as A.7 in a case registered by the respondent for the offences punishable under Sections 148,336,506(II) and Section 3 of Tamil Nadu Public Properties (Prevention of Damage and Loss) Act. The overt act attributed to the petitioner is that he assaulted the defacto-complainant Thirugnanam with stone on his body and also broken the stone worth about Rs.2,500/= laid by the complainant with other accused.

(3.) During arguments, the learned counsel for the petitioner submitted that the property alleged to have been destroyed by the accused is not a `public property' and hence the provisions of the T.N.Public Properties (Prevention of Damage and Loss) Act cannot be said to be applicable to the case of the petitioner. However, it should be mentioned that the term `public' has been omitted in the said Act w.e.f. 4.8.1994 by the Amended Act 46/1994 and therefore the argument put forth on the part of the petitioner cannot hold water.