Madras High Court
Mr.S.P.Udayakumar vs State Represented By on 31 January, 2022
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 31 .01.2022
CORAM:
THE HON'BLE MR JUSTICE G.ILANGOVAN
Crl.O.P.(MD)Nos.19355, 19356 and 19962 of 2018
and
Crl.MP(MD)Nos.8751 to 8754, 9160, 9161 of 2018
(1).Crl.OP(MD)No.19355 of 2018:-
Mr.S.P.Udayakumar : Petitioner/A1
Vs.
1.State represented by
Inspector of Police,
Kudankulam Police Station,
Tirunelveli District.
(Crime No.158 of 2012) : R1/Complainant
2.Mr.Sureshkumar,
Constable 2965,
Kudankulam Police Station,
Tirunelveli District. : R2/De-facto Complainant
Prayer: Criminal Original Petition filed under Section 482 of
the Criminal Procedure Code, to call for the entire records
pertaining to the case in in CC No.360 of 2014 pending on the file
of the Judicial Magistrate, Vallioor and quash the same.
https://www.mhc.tn.gov.in/judis
2
(2).Crl.OP(MD)No.19356 of 2018:-
Mr.S.P.Udayakumar : Petitioner/A1
Vs.
1.State represented by
Inspector of Police,
Kudankulam Police Station,
Tirunelveli District.
(Crime No.371 of 2012) : R1/Complainant
2.Mr.S.Subramanian
Tahsildhar,
Radhapuram Taluk,
Tirunelveli District. : R2/De-facto Complainant
Prayer: Criminal Original Petition filed under Section 482 of
the Criminal Procedure Code, to call for the entire records
pertaining to the case in in CC No.365 of 2014 pending on the file
of the Judicial Magistrate, Vallioor and quash the same.
(3).Crl.OP(MD)No.19962 of 2018:-
Mr.S.P.Udayakumar : Petitioner/A1
Vs.
1.State represented by
Inspector of Police,
Kudankulam Police Station,
Tirunelveli District.
(Crime No.371 of 2012) : R1/Complainant
2.Mr.S.Subramanian
Tahsildhar,
Radhapuram Taluk,
Tirunelveli District. : R2/De-facto Complainant
https://www.mhc.tn.gov.in/judis
3
Prayer: Criminal Original Petition filed under Section 482 of
the Criminal Procedure Code, to call for the entire records
pertaining to the case in in CC No.366 of 2014 pending on the file
of the Judicial Magistrate, Vallioor and quash the same.
For Petitioner : Mr.T.Lajapathi Roy
(in all cases)
For Respondent : Mr.E.Antony Sahaya Prabahar
(in all cases) Additional Public Prosecutor
COMMON ORDER
The petitioner has been figured as A1 in all these cases. All
the cases were registered in connection with Koodankulam
agitation.
2.The case of the prosecution in Crl.OP(MD)No.19355 of
2018 is that on 09/04/2012 between 8.00 am and 4.15 pm, all the
accused persons assembled near Idinthakarai Luthu Madha Chruch
illegally and demanded closure of the Atomic Power Centre, which
was established at Kudamkulam. They also abused the political
leaders and involved in criminal conspiracy. Based upon the
complaint, a case has been registered in Crime No.158 of 2012
registered for the alleged offences under sections 143, 188, 151,
153(A), 500 IPC r/w 120(b) IPC.
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3.The case of the prosecution in Crl.OP(MD)No.19356 of
2018 is that on 08/10/2012 between 08.00 am and 04.00 pm, this
petitioner along with the other co-accused persons assembled
illegally and conspired in unlawful assembly entered into the
prohibited area in country boats and staged protest, also raised
slogans condemning the Government of India, criminally
intimidated the Police and Revenue Department personnel. Based
upon the complaint, a case in Crime No.371 of 2012 has been
registered for the alleged offences under sections 143, 147, 148,
149, 188, 291, 294(b), 353, 447, 500, 506 (ii) IPC and section 2(8-
d) of the Indian Official Secrets Act, 1923 and Section 5 of
Tamilnadu Marine Fishing Regulation Act, 1983 and 120(b) IPC.
4.The case of the prosecution in Crl.OP(MD)No.19962 of
2018 is that on 10/10/2012 at about 9.30 am, this petitioner along
with the other co-accused persons assembled illegally and
conspired in unlawful assembly, entered into the prohibited area in
about 150 country boats, staged protest, raised slogans
condemning the Government of India, criminally intimidated the
police and revenue personnel. On the basis of the complaint, a
case in Crime No.404 of 2012 has been registered for the offences
https://www.mhc.tn.gov.in/judis
under Sections 143, 147, 148, 149, 291, 294(b), 447, 500, 506(ii)
and 188 IPC, section 2(13-d) of Indian Officials Secret Act, 1923
and section 5 of the Tamil Nadu Marine Fishing Regulation Act,
1993 r/w section 120(b) of IPC.
5.Challenging and seeking quashment of the final reports as
stated above, all these petitions have been filed by the petitioner on
the ground that none of the allegations mentioned in the FIR
attracts against him.
6.Heard both sides.
7.The Coordinate Bench of this court in a batch of cases viz.,
Crl.OP(MD)Nos.2064 of 2020 etc., dated 13.03.2020 which were
filed seeking quashment of the case that has been registered
against the protestors of the Kudankulam Establishment of Atomic
Power Plant, has observed like this:-
“On the strength of mere omnibus
statement recorded under Section 161 Cr.P.C,
this petitioner has also been roped in as
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accused. The petitioner has not rushed to the
Court immediately. Continued pendency of the
impugned prosecution constitutes an abuse of
legal process. In this view of the matter, the
impugned proceedings against the petitioner
stands quashed. These Criminal Original
Petitions are allowed accordingly. “
8.As mentioned earlier, it was a fear protest made by the
villagers, feeling that if any new power plant is established, their
very existence will become danger. No doubt, this was a false
apprehension in the minds of the villagers. That is why, the Hon'ble
Supreme Court in the decision reported in the case of
G.Sundarrajan Vs. Union of India [(2013)6 SCC 640] has
elaborately discussed and requested the Governments to educate
the people and take all necessary steps to remove the
misapprehension in their minds. The Hon'ble Supreme Court
requested all the Governments to drop the proceedings that has
been initiated against the protestors. But even after a lapse of
seven years, no steps are taken to withdraw the criminal
prosecution. A speedy trial is a fundamental right available to the
accused persons.
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9.As mentioned in the above said judgment, the direction of
the Hon'ble Supreme Court was not complied by the Government
so far. Even when the matter was heard and clarification was
sought from the learned Additional Public Prosecutor as to the
proposal of the Government, the learned Additional Public
Prosecutor was not in a position to inform the position that has to
be taken by the Government in this regard. So it appears that all
the cases now are pending before various courts. The petitioner is
the Leader of the above said protesters. He has also objected the
formation and establishment of the Atomic Centre.
10.Coming back to the allegation against this petitioner, he
along with other persons assembled in the place of occurrence and
conspired, abused the political leaders in fifthly language. But as
mentioned in the above said batch of cases, there was
apprehension in the minds of the people in that area, the danger
likely to be caused by the Atomic Centre and that is why, the
Hon'ble Supreme Court directed the Government to educate the
the people and take all necessary steps to remove the
misapprehension in their minds. So mere apprehension in the
minds of the local people and making protest cannot be construed
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as a illegal activity, at no stretch of imagination. So assembly of
the persons under the leadership of this petitioner will not come
under the definition of unlawful assembly. So also, the allegation
that they also abused the political leaders is also not supported by
any proper facts. The assembly of the persons was treated as
unlawful assembly and by observing the fact FIR has been
registered and final report has also been filed. So continuance of
the proceedings will amount to clear abuse of process of court.
10.In view of the above, these criminal original petitions are
allowed and accordingly, the entire proceedings in CC Nos.360,
365 and 366 of 2014 on the file of the Judicial Magistrate, Valliyoor
are hereby quashed as against the petitioner. Consequently,
connected Miscellaneous Petitions are cloed.
31.01.2022
Index:Yes/No
Internet:Yes/No
er
https://www.mhc.tn.gov.in/judis
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of the
order may be utilized for
official purposes, but,
ensuring that the copy of
the order that is presented
is the correct copy, shall be
the responsibility of the
advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis
G.ILANGOVAN, J
er
1.The Judicial Magistrate,
Vaillioor,
2.The Inspector of Police,
Kudankulam Police Station,
Tirunelveli District-627 104.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.O.P.(MD)Nos.19355, 19356 and 19962 of 2018
31.01.2022
https://www.mhc.tn.gov.in/judis
