HARICHANDRAN Vs. STATE REP

JUDGEMENT

(1.) This revision has been directed against the order passed in Crl. M. P. No. 4685/1992 in C. C. No. 382 of 1992, on the file of Judicial Magistrate No. 1, Kuzhithurai.

(2.) The petitioner Harichandran son of Joseph is the accused in CC No. 382 of 1992, on the file of Judicial Magistrate No.1 Kuzhithurai on the charge sheet filed by the respondent/Police, Kaliakkavilai Police Station, Kanyakumari district, for the offences under Sections 427 and 379 I.P.C. and Rule 21 of the Tamil Nadu Minor Mineral Concession Rules, 1959.

(3.) Copies of documents were furnished to the petitioner/accused. Thereafter an application has been filed by the petitioner in CC No. 382 of 1992, for discharge, contending that he is the absolute owner of the Six acres of patta land in S. Nos. 507/1 507/2, and 507/3 in Vilsvancode village, Edapilankad, Madichal, Kanyakumari District, and that he is an agriculturist, doing agricultural work and of the six acres only three acres are cultivable and the rest of the area could not be cultivated, in view of the density of rocks and that these rocks were removed from the area and used as fencing material. He also contended in the said petition, that the petitioner has taken loan from the agricultural Co-operative Society; for land reclamation and for agricultural production in the above said lands and that the petitioner owns properties in Nullicoud and Pedamthalamoodu in Old S. No. 1064 and 1152 and when the petitioner tried to remove rocks and for using it for his own purpose, the respondent filed the said criminal case and that the charge sheet along with the papers filed by the police itself would show that the property belonged to the petitioner and as such, removal of rocks from his own lands would not be said to be the offences under Sections 427 and 379 I.P.C., and Rule 21 of Tamil Nadu Minor Mineral Concession Rules, 1959.