Madras High Court
E.V.Velu vs Union Of India on 28 June, 2022
CRL.O.P.No.10471 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2022
CORAM:
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR
CRL.O.P.No.10471 of 2022 and
CRL.M.P.No.6297 of 2022
1.E.V.Velu
2.Ezhilmaran
3.R.Seenu
4.R.Ramesh
5.G.Murugan
6.Gopi
7.Natarajan
8.Vinayakan
9.E.Arumugam
10.A.Selvam
11.K.Shajakhan
12.C.Loganathan
13.A.Mulraj ... Petitioners
Versus
1.Union of India, Rep by,
The Assistant Sub-Inspector,
Railway Protection Force,
Thiruvannamalai.
Crime No.1343/2016.
2.R.Ganesan,
Assistant Sub-Inspector,
Railway Protection Force, (RPF),
Thiruvannamalai. ... Respondents
Page No.1 of 6
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CRL.O.P.No.10471 of 2022
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to call for the records in STC.No.524 of 2018
pending on the file of the Judicial Magistrate No.1, Thiruvannamalai, in
Crime No.1343 of 2016 on the file of the Assistant Sub-Inspector,
Railway Protection Force, Thiruvannamalai and quash the charge sheet
pending against the petitioners.
For Petitioner : Mr.N.R.Elango, Senior Counsel
for Mr.S.Silambuselvan
For R1 : Mr.A.Gokulakrishnan
Additional Public Prosecutor
*****
ORDER
This Criminal Original Petition has been filed to quash the
proceedings in S.T.C.No.524 of 2018, on the file of the Judicial
Magistrate Court No.I, Thiruvannamalai, for offence under Sections 147
and 174(1) of Railways Act, 1989.
2.The allegations against the petitioners in the final report is that
the petitioners along with others unlawfully assembled and made protest
for constituting Cauvery Management Board as per the judgment of the
Hon'ble Apex Court and suddenly squatted on the centre of the railway
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CRL.O.P.No.10471 of 2022
track and obstructed the train. Hence, the 1st respondent Police has
registered a case in Crime No.1343 of 2016, for offence under Sections
147 and 174(1) of Railways Act, 1989. On completion of investigation,
charge sheet has been filed before the learned Judicial Magistrate No.I,
Thiruvannamalai.
3.Heard the learned Senior Counsel appearing for the petitioners
and the learned Additional Public Prosecutor appearing for the 1st
respondent Police.
4.In this case, the charge sheet has been filed against the petitioners
and others for offence under Sections 147 and 174(1) of Railways Act,
1989. If any person willfully obstructs or prevents any railway servant in
the discharge of his duties, will be punishable under Section 146 of the
Railways Act, 1989. Similarly, Section 174 of the Railways Act, 1989
deals with obstructing running of train by any person.
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CRL.O.P.No.10471 of 2022
5.On perusal of the entire charge sheet, it is seen that a group of
500 people assembled and squatted in the centre of the railway track and
made protest demanding to constitute Cauvery Management Board as per
the judgment of the Hon'ble Apex Court. Though they made such
democratic protest, their act will not amount to trespass and obstruct
running train. Further, the final report has been filed merely indicating
that a group of 500 people gathered and made a protest. Except naming
few, their identity has not been established.
6.In such view of the matter, forcing the entire accused to face the
trial, without proper identity, is futile exercise on the part of the
prosecution. The entire allegations made in the charge sheet, even if
taken at face value, do not prima facie constitute any offence or make out
a case against the accused.
7.Accordingly, this Criminal Original Petition is allowed and the
proceedings in S.T.C.No.524 of 2018 on the file of the Judicial Magistrate
Court No.I, Thiruvannamalai, is quashed against all the accused named in
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CRL.O.P.No.10471 of 2022
the final report. Consequently, the connected Miscellaneous Petition is
closed.
28.06.2022
Index: Yes/No
Internet: Yes/No
vv2
To
1.The Judicial Magistrate Court No.I,
Thiruvannamalai.
2.The Assistant Sub-Inspector,
Railway Protection Force,
Thiruvannamalai.
3.The Public Prosecutor,
High Court, Madras.
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CRL.O.P.No.10471 of 2022
N.SATHISH KUMAR, J.
vv2
CRL.O.P.No.10471 of 2022
28.06.2022
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