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Showing contexts for: 202 penal code in Venu Srinivasan vs The State Of Tamil Nadu on 16 February, 2024Matching Fragments
This Petition is filed under Section 482 of the Code of Criminal Procedure by Accused No.1 seeking quashment of C.C.No.1 of 2023, pending on the file of the learned Additional Chief Judicial Magistrate and Special Court for Idol Theft Cases, Kumbakonam.
2. Thiru.Rangarajan Narasimman of Sri Rangam, Trichy, filed a complaint on 23.07.2018 at about 10.30 a.m., before Idol Wing of CID alleging that after interacting with Archakas, devotees, after talking with the HR & CE Department officials and after doing research he came to https://www.mhc.tn.gov.in/judis know that petitioner/A.1 Thiru.Venu Srinivasan, A.2/Tmt.Thirumagal, A. 3/Thiru.M.MuthiahSthapathy, Archakas and temple officials have one day prior to Kumbabhishegam in the year 2004removed the old antique peacock idol with flower in its beak and replaced with duplicate peacock idol with snake in its beak. Basing on the said complaint, a case in Crime No.5 of 2018 was registered on 23.07.2018 under Sections 403, 406, 409, 202 r/w. 120-B of the Indian Penal Code against the petitioner/A.1 and other accused.
3. The Idol Wing of CID which was created as per G.O.MS.2098, dated 07.10.1983 to investigate the cases pertaining to idols, during the course of investigation examined 71 witnesses and recorded their statements under Section 161 (3) of the Code of Criminal Procedure.They also collected 57 documents, a CD and got recorded statements of 7 witnesses under Section 164(5) of Code of Criminal Procedure. After completion of investigation, charge sheet is filed against six persons namely A.2/Tmt.Thirumagal, A.3 / M.MuthiahSthapathy, A.4 / Thiru. Dhanapal, A.5/Thiru.T.A.Ranganathan, A.6/Thiru.Balu @ Balasubbarayalu and A.7/Thiru.Magesh for the offences under Section 403, 406, 409, 202, 120B of IPC @ Section 120B of IPC, 409, 109 read https://www.mhc.tn.gov.in/judis with Section 409, 201 and 204 of IPC.
26. It is further submitted that the witnesses claim to have knowledge of the alleged breach of trust that took place on 29.08.2004, however none of them complied with their statutory duty under Section 39 (viii) Cr.P.C to give information to the nearest Magistrate or police officer of the commission of such offence. Failure to perform this legal duty is an offence punishable u/s 202 IPC thereby this evidence deserves to be ignored and reliance on the same by the Idol Wing is a manifest abuse of power.