The Madras High Court passed an interim order to stay the investigation against the Administrator of Isha Yoga Centre accused of damaging the vehicles of politician K. Ramakirutinan, General Secretary of Thanthai Periyar Dravidar Kalagam when his group visited the site allegedly encroached by the Centre.

The Court was hearing a petition to quash a complaint filed for the offences punishable under Sections 341, 506(1) of I.P.C read with Section 3 of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992.

The bench of Justice Dr G. Jayachandran observed, “…there shall be an order of interim stay for filing a final report in Crime No.94/2024 which is subject to the outcome of the Criminal Original Petition.”

Brief Facts-

The petitioner, the Administrator of Isha Yoga Centre, has approached the Court challenging the registration of a complaint by the police, based on a complaint by politician K. Ramakirutinan, General Secretary of Thanthai Periyar Dravidar Kalagam. The F.I.R. alleges that the petitioner’s organisation encroached on 44.3 acres of land allotted to Scheduled Tribes and was attempting to construct an electric crematorium. The complainant and his group, who visited the site, claim their vehicle was damaged and they were threatened.

The Court on perusing the complaint found that the reason for the defacto complainant visiting the property of the petitioner itself does not find any justification since the said 44.30 acres of land is not land allotted to Schedule Tribes persons as per the information furnished by the office of the Tahsildar.

The Court further noted that in the complaint, there were no particulars about the vehicle in which the complainant travelled and the nature of the damage caused to it.

The Court emphasised that the police had registered the case for an offence under Section 3 of TN Public Property (Prevention of Damage and Loss) Act, 1992 however, the complaint given by the petitioner for criminal trespass and for the other offence has not been registered by the respondent police.

The Court ordered an interim stay for filing the final report.

The matter will be called on August 21, 2024.

Cause Title: Dinesh Raja C.R. v. State

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