Even loss or damage to private properties caused during private disputes between two groups or individuals can be investigated and tried under the provisions of the Act - ‘Court of Session’ used in Section 8 of the Tamil Nadu Property (Preventionof Damage and Loss) Act, 1992 would include both Additional and Assistant Session Judges.

2023/MHC/2505

Criminal RC (Md).No.869 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on

17.04.2023

Delivered on

 08.06.2023

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

AND

THE HONOURABLE MRS.JUSTICE L. VICTORIA GOWRI

Criminal RC (MD) No.869 of 2022

1. Mangalanatha Durai

2. Asmathullah 

3. Jegan Prasath

4. Noordeen

5. Satham Hussain

6. Singam ... Petitioners/Accused 1 to 6

Vs.

State Through the 

Inspecto fo Police,

Bazaar Police station,

Ramanathapuram.

Crim No.692 of 2016 ... Respondent/Complainant

1/40

28. Thus the question No.1 referred to us is answered to the effectthat even loss or damage to private properties caused during private disputes between two groups or individuals can be investigated and tried under the provisions of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 as amended by Act 46 of 1994.

38. We therefore overrule the judgment of Hon’ble Mr.Justice

R.Subbiah, in C.Guhamani v. State rep. by Deputy Superintendent of

Police, Crime Branch CID, Coimbatore, and conclude that the expression

‘Court of Session’ used in Section 8 of the Tamil Nadu Property (Preventionof Damage and Loss) Act, 1992 would include both Additional and

Assistant Session Judges.

39. We answer the third question to the effect that the term ‘Court

of Session’ would include both Additional as well as Assistant Sessions

Judges.