Madras High Court
R.Baskar vs The Inspector Of Police on 7 July, 2023
Crl.O.P. Nos.14515, 14519, 14524 and 14529 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:07.07.2023
Coram:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P. Nos.14515, 14519, 14524 and 14529 of 2023
Crl.O.P.No.14515 of 2023:
1.R.Baskar
S/o Rajagopal
[Formerly Assistant Executive Engineer,
Sarabanga River Basin, Sub-Division,
WRD, Namakkal],
1/113 Reddiyar Street, Thumbal Po,
Pethanaickenpayalam Tk,
Thumbal, Salem Dt. 636 114.
2.V.Elango
S/o Veerappan
[Formerly Junior Engineer,
Irrigation Section, Sarabanga River Basin,
Sub Division, Paramathi Velur, Namakkal],
5/44, West Street, Nallipalayam Po,
Namakkal 637 003. .. Petitioners
/versus/
1.The Inspector of Police,
V & AC Namakkal.
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Crl.O.P. Nos.14515, 14519, 14524 and 14529 of 2023
2.The Director,
Vigilance and Anti Corruption,
No.293, MKN Road,
Alandur, Chennai 600 016.
3.The Government of Tamil Nadu,
Rep.by its Secretary,
Public Works Department,
Fort St.Geroge, Chennai-09. .. Respondents
Prayer: Criminal Original Petition has been filed under Section 482 of
Cr.P.C., to call for the records of the 1st respondent relating to the impugned FIR
viz., FIR No.05/AC/2022 registered on the file of the 1st respondent and quash the
same.
For Petitioner :Mr.N.Subramaniyan
For Respondent :Mr.S.Udaya Kumar
Govt.Advocate (Crl.Side) for R1 and R2
Crl.O.P.No.14519 of 2023:
1.R.Gowdaman,
S/o Ranganathan,
[Formerly Executive Engineer, WRD,
Sarabanga River Basin, Salem],
40/6 Sanmuga Nagar,Salem 636 006.
2.K.Murali,
S/o Kandasamy
[Formerly Assistant Executive Engineer,
Sarabanga River Basin, Sub-Division,
WRD, Namakkal]
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Crl.O.P. Nos.14515, 14519, 14524 and 14529 of 2023
17/9, 25th Street, Thillai Ganga Nagar,
Nanganallur, Chennai 600 061.
3.S.Vinoth Kumar,
S/o Subburaju,
[Formerly Assistant Engineer,
Irrigation Section, Sarabanga River Basin,
Sub Division, Paramathi-Velur, Namakkal]
2/98, Mariamman Kovil Street,
Bommasamudram PO,
Namakkal 637 409. .. Petitioners
/versus/
1.The Inspector of Police,
V & AC Namakkal.
2.The Director,
Vigilance and Anti Corruption,
No.293, MKN Road,
Alandur, Chennai 600 016.
3.The Government of Tamil Nadu,
Rep.by its Secretary,
Public Works Department,
Fort St.Geroge, Chennai-09. .. Respondents
Prayer: Criminal Original Petition has been filed under Section 482 of
Cr.P.C., to call for the records of the 1st respondent relating to the impugned FIR
viz., FIR No.05/AC/2022 registered on the file of the 1st respondent and quash the
same.
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Crl.O.P. Nos.14515, 14519, 14524 and 14529 of 2023
For Petitioner :Mr.N.Subramaniyan
For Respondent :Mr.S.Udaya Kumar
Govt.Advocate (Crl.Side) for R1 and R2
Crl.O.P.No14524 of 2023:-
1.V.Kamaraj
2.M.Kaja Mohideen
3.N.Shalini .. Petitioners
/versus/
1.The Inspector of Police,
V & AC Namakkal.
2.The Director,
Vigilance and Anti Corruption,
No.293, MKN Road,
Alandur, Chennai 600 016.
3.The Government of Tamil Nadu,
Rep.by its Secretary,
Public Works Department,
Fort St.Geroge, Chennai-09. .. Respondents
Prayer: Criminal Original Petition has been filed under Section 482 of
Cr.P.C., to call for the records of the 1st respondent relating to the impugned FIR
viz., FIR No.05/AC/2022 registered on the file of the 1st respondent and quash the
same.
For Petitioner :Mr.N.Subramaniyan
For Respondent :Mr.S.Udaya Kumar
Govt.Advocate (Crl.Side) for R1 and R2
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Crl.O.P. Nos.14515, 14519, 14524 and 14529 of 2023
Crl.O.P.No.14529 of 2023:-
1.R.Ganesan
S/o Ramasamy
[formerly VAO Rasampalayam Village]
1/70, Periyagoundampalayam,
Thindamangalam PO,
Namakkal (TK & DT)-637 207.
2.K.Saravanan,
S/o Kandhasamy,
[Formerly VAO, Konur Village],
1/75 Kondarasampalayam P.O.,
Paramathy Vellur T.K.
Namakkal Dt.637 203.
3.Tmt.P.Maheswari,
W/o Ponnusamy
[formerly VAO Keerambur, Village]
7145, Kandhampalayam,
Koonur P.O.,
Namakkal 637 207.
4.Tmt.K.Kavitha
W/o Saravanan,
[formerly VAO, Keelsathabur &
Thindamangalam i/c Villages]
6/37 Kuppampalayam,
N.Pudhupatti P.O.,
Namakkal (TK & DT) 637 020.
5.P.Kalaimani,
S/o Ponnusamy
[Formerly VAO,
Periyagoundampalayam Village]
4/24 Kilakuveedhi, Perumapatti,
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Crl.O.P. Nos.14515, 14519, 14524 and 14529 of 2023
Bommasamudram P.O.,
Sendhamangalam T.K.,
Namakkal Dt.627 002. .. Petitioners
/versus/
1.The Inspector of Police,
V & AC Namakkal.
2.The Director,
Vigilance and Anti Corruption,
No.293, MKN Road,
Alandur, Chennai 600 016.
3.The Government of Tamil Nadu,
Rep.by its Secretary,
Public Works Department,
Fort St.Geroge, Chennai-09. .. Respondents
Prayer: Criminal Original Petition has been filed under Section 482 of
Cr.P.C., to call for the records of the 1st respondent relating to the impugned FIR
viz., FIR No.05/AC/2022 registered on the file of the 1st respondent and quash the
same.
For Petitioner :Mr.N.Subramaniyan
For Respondent :Mr.S.Udaya Kumar
Govt.Advocate (Crl.Side) for R1 and R2
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Crl.O.P. Nos.14515, 14519, 14524 and 14529 of 2023
COMMON ORDER
These Criminal Original Petitions are filed to quash the First Information
Report, which has been registered by the Inspector of Police, Vigilance and Anti-
Corruption, Namakkal. The impugned First Information Report came to be
registered on 09.12.2022 after preliminary enquiry conducted by the Vigilance and
Anti Corruption police and on being satisfied that there is cognizable offence
made out in the allegations found in the complaint.
2. The learned counsel appearing for the petitioners made his submission
explaining the reason why the First Information Report is to be quashed.
3. This batch of Criminal Original Petitions is filed to quash the First
Information Report by the petitioners, who are the officials of PWD, Village
Administrative Officer and Villagers. According to the First Information Report,
the named accused conspired and mislead the government and got the
G.O.Ms.No.331, Public Works (N1) Department, dated 12.10.2007, amended
furnish false documents, thereby had obtained advantage of lifting the water from
the river cauvery for private use, in connivance with the public servants, who are
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Crl.O.P. Nos.14515, 14519, 14524 and 14529 of 2023
the officers working in the Water Resources Department, Salem. The learned
counsel appearing for the petitioners submitted that the certificate given by the
Village Administrative Officers regarding the survey numbers and the land for
which the Lift Irrigation Facility sought are in existence and the adangal for the
said survey numbers of the village are not fictitious as alleged in the First
Information Report. While the factories and the lands are very well in existence,
the respondent has maliciously registered the First Information Report against
them. Hence, it has to be quashed.
4. This Court, after perusing the documents is satisfied that the First
Information Report is registered, based on the prima facie material available and
collected during the preliminary enquiry conducted for nearly 5 years. The reasons
stated for quashing of First Information Report in this case is unfound, in view of
the prima facie material.
5. The law is well settled by the Hon'ble Supreme Court that only if no
cognizable material available, First Information Report can be quashed. In this
case, the respondent police has gone through the complaint of improper drawer of
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cauvery water by fabricating documents and had come to the conclusion that it is
a fit case for investigation, hence registered the First Information Report on
09.12.2022. Unless the investigation is completed, merely based on the documents
produced by the petitioners that the innocence cannot be presumed. However, the
learned counsel appearing for the petitioners wants to read through the documents
which he relies upon to quash the First Information Report. This practice showing
the document to High Court instead of participating in the investigation and
produced the same before the Investigating Officer is highly deplorable. Catena of
judgments passed by the Hon'ble Supreme Court from Bhajan Lal case, the First
Information Report cannot be quashed for asking, unless it is registered with
malafide or bereft of details. This is a case registered after preliminary enquiry.
The offence is based on documents. It is unfortunate that alleged perpetrator of
crime wants to delay the investigation by filing petition under Section 482 of
Cr.P.C to quash the First Information Report so that they will have enough time to
manipulate the records. It is the case, where after five years of belated enquiry,
First Information Report has been registered with the following allegations:-
“In the banks of river Cauvery, various types of
irrigation systems are being carried out. To facilitate irrigation
to the lands in the higher altitude areas and interior areas
where canal irrigation is not possible. Lift Irrigation System is
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Crl.O.P. Nos.14515, 14519, 14524 and 14529 of 2023
being carried out by the farmers. In the Light Irrigation
System, water from the wells located in the banks of river
Cauvery is lifted by the Farmers Association through pipe line
to their areas and distributed to the lands.
The AO-8, Tr.K.Shanmugam started lift irrigation
scheme in the name of Shri Konur Kaliamman Small Farmers
Lift Irrigation System, Pothanur to irrigate the villages of
Paramathi, Pilakalathur, Villipalayam, Manickanatham and
Veeranampalayam. Sri Konur Kaluyamman Small Farmers
lift irrigation Association is registered on 06.08.2001 and its
registration number is 61/2001. 60 farmers of Pothanur,
Karaiyanputhur, Sundakampalayam, Rasampalayam, Konur,
Keelsathambur and Kandampalayam villages are the members
of the association. AO-8 Tr.K.Shanmugam, President of the
said Sri Konur Kaliyamman Small Farmers lift Irrigation
Association applied Govt.Order for lift irrigation in the year
2006 and Govt. ordered in G.O.Ms.No.331, Public Works
(N1) Department, dated 12.10.2007. Totally 250 acres of
lands are covered in that G.O. For irrigation of 112 farmer of
Paramathy, Pillakalathur, Manikanatham and
Veeranampalayam villages. But, he did not execute the work
in the above said villages whereas he without any
authorization voluntarily diverted the work and started laying
pipelines to supply river water to the villages of Konur,
Keelsathampur, Vallipuram, Rasampalayam, Keerampur,
Nallagoundampalayam, Periyagoundampalayam and
Thindamangalam villagers. Though those villages were not
listed in the G.O.No.331, AO-8 changed the irrigation
villages so that he can get several lakhs of rupees from the
farmers of this area.”
5. If at all there is any evidence or material to prove their innocence, the
persons, who are arrayed as accused can place it before the Investigating Officer
during the course of investigation and establish their innocence. It is unfair the
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learned counsel appearing for the petitioners to expect the High Court summarily
decide the case, where the competent investigating agency has gone in detail and
made preliminary enquiry before arriving at an conclusion that there is a prima
facie case of cognizable offence made out.
6. For the said reason, this Court finds that these petitions are frivolous and
filed with ulterior motive to delay the investigation, which has already taken five
years of time to complete the preliminary investigation. Hence, these Criminal
Original Petitions are dismissed. The Investigating Agency is directed to complete
the investigation and file a final report within a period of four months from today.
07.07.2023
Index:yes/no
speaking order/non speaking order
ari
To:
1.The Inspector of Police,V & AC Namakkal.
2.The Director,Vigilance and Anti Corruption,
No.293, MKN Road, Alandur, Chennai 600 016.
3.The Government of Tamil Nadu,Rep.by its Secretary,
Public Works Department,Fort St.Geroge, Chennai-09.
4.The Public Prosecutor, High Court, Madras.
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DR.G.JAYACHANDRAN,J.
ari
Crl.O.P. Nos.14515, 14519,
14524 and 14529 of 2023
15.06.2023
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