MADASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment in S. C. No. 21 of 1999 on the file of the District and Sessions Judge, Uthagamandalam,nilgiris District.

(2.) BOTH the accused have been charged under Sections 427 of IPC and under Section 3 (1) of Tamil Nadu Public Properties (Damages and Prevention)Act (hereinafter referred to as "tnppdp Act") 1992.

(3.) THE learned Judicial Magistrate, Coonur had taken the case on file as PRC 5 of 1994 and after the accused had appeared before him on summons, copies under Section 207 of Cr. P. C. were furnished to the accused and since the case is exclusively triable by the Court of Sessions, the learned Judicial Magistrate had committed under Section 209 of Cr. P. C. . On appearance before the learned Sessions Judge, the charges under Sections 427 and 3 (1) of the TNPPDP Act. were framed against the accused and when questioned, the accused pleaded not guilty.