GIRI Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this criminal revision case is to the order passed in Cr.M.P.No.373 of 2006 in Sessions Case No.9 of 2005 by the Additional District and Sessions cum Fast Track Court No.III, Madurai.

(2.) THE revision petitioners herein as petitioners have filed the petition in question under Sections 228(1)(b) of the Code of Criminal Procedure, praying to transfer Sessions Case No.9 of 2005 on the ground that there is no offence exclusively triable by the Court of Sessions.

(3.) THE learned counsel appearing for the revision petitioners/petitioners/accused has valiantly contended that in Sessions Case No.9 of 2005 the revision petitioners/petitioners/accused have been arrayed as accused and they are facing a charge under Section 3(1) of the Tamil Nadu Property (Prevention of Damage & Loss) Act, 1992 and the alleged occurrence has not taken place under the circumstances mentioned in the Tamil Nadu Property (Prevention of Damage & Loss) Act, 1992 and further this Court has observed that the provision of Section 3(1) of the said Act will not get attracted in the instant case and under the said circumstances, the present petition has been filed for the relief sought for therein, but the Court below has erroneously dismissed the same and therefore, the dismissal order passed by the Court below is liable to be interfered with.