Madras High Court
Saravanan vs The State Rep. By on 12 June, 2023
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 12/06/2023
CORAM
The Hon'ble Mr.Justice G.ILANGOVAN
Crl.OP(MD)No.19777 of 2022
and
Crl.MP(MD)Nos.13593 and 13595 of 2022
1.Saravanan
2.Asai @ Asai Thambi
3.A.Ananth
4.T.Tamilselvan
5.Saravankumar : Petitioners/A1 to A5
Vs.
1.The State rep. by
Inspector of Police,
Viruveedu Police Station,
Dindigul District.
(Crime No.113 of 2022) : R1/Complainant
2.K.Balamurugan : R2/De-facto Complainant
PRAYER:- Criminal Original Petition has been filed
under section 482 of the Criminal Procedure Code, to call
for the records pertaining to the above charge sheet in
STC No.802 of 2022 on the file of the Judicial
Magistrate, Nilakottai and quash the same and pass such
other orders.
https://www.mhc.tn.gov.in/judis
2
For Petitioner : Mr.B.Saravanan
Senior counsel
for Mr.C.Jeganathan
For 1st Respondent : Mr.R.Suresh Kumar
Government Advocate
(Criminal side)
For 2nd Respondent : Mr.M.Mahaboob Athiff
O R D E R
This criminal original petition has been filed
seeking quashment of the case in STC No.802 of 2022 on
the file of the Judicial Magistrate, Nilakottai.
2.The case of the prosecution in brief:-
On 21/05/2022 at about 11.30 am, the de-facto
complainant party were engaged in installation and
planting electricity posts, for taking solar power to
Vilathikulam to Usilampatti road. At that time, the
accused came there in separate two wheelers, abused the
labourers in filthy language and also demanded, by
removing of the electrical posts. They also criminally
intimidated. They also caused assault with hands, even
caused assault on the de-facto complainant's head and
chick. On the basis of the above said occurrence, a case
in Crime No.113 of 2022 was registered for the offences
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under sections 147, 294(b), 323 and 506(ii) IPC. After,
completing the formalities of investigation, charge sheet
was filed and it was taken cognizance in STC No.802 of
2022 by the Judicial Magistrate, Nilakottai.
3.Seeking quashment of the same, this petition has
been filed on the sole ground that the de-facto
complainant party were planting or installing the
electricity posts in their patta lands. When they started
questioning same, this false complaint has been given. A
counter complaint was also given by A1, that has been
referred as 'Mistake of Fact' without proper
investigation.
4.Heard both sides.
5.It is a case of planting and installation of
electrical post in the private land without proper
permission. Even though, the de-facto complainant relied
upon the judgment of the Hon'ble Supreme Court in the
case of Power Grid Corporation of India Vs. Century
Textiles and Industries Limited and others [(2017)5 SCC
143, So far as the major portions are concerned, now
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detailed guidelines and rules have been framed in the
connected issue in WP(MD)No.6327 of 2023. The following
observation has been made by this court.
“(1)The petitioner is directed to
comply the statutory formalities with
regard to the safety measures and
technical points
(2)The petitioner is directed to
get proper approval for laying the pole in
the property vested with the Government,
Panchayat, etc. from the competent
authorities. Further, the location
clearance approval must be obtained by the
petitioner from the Director/Generation,
TANEDCO, Chennai. After getting clearance
from the competent authority, if the
petitioner experiences any disturbance or
trouble, either at the hands of the
private respondents or any other persons,
shall make representation to the competent
authority namely the 6th respondent
herein.
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(3)The 6th respondent is directed
to consider the representation by calling
the officials from the petitioner/objector
as well as the official from the TANEDCO,
namely the Superintending Engineer, Non
Conventional energy Sources. After
satisfying that the requirement of law and
rules have been duly complied by the
petitioner in making the installation, may
grant police protection, by assessing
ground situation as to the necessity; and
(4)If any trouble arises to the
petitioner in future in executing the
orders, he may revive the application by
impleading all the parties concerned.
6.The above said observation is relevant for this
petition also. Even though, it is contended that only on
the road margin, the above said electricity posts were
installed or planted, but the information that was
furnished to the petitioner by the Public Information
Officer attached to Thirumangalam Surveyor, it is seen
that five electrical posts have been installed or planted
https://www.mhc.tn.gov.in/judis
in survey Nos.308/1, 308/2, 308/3 and 309/5. To show the
ownership of the above said property, he has also
produced the copy of the patta, wherein we see the Survey
Nos.307/1, 307/3 and 307/5 are standing in the name of
Rajalakshmi, w/o.Saravanan, who is A1 herein. So, it is
seen that the above said electricity post has been
installed or planted in the patta land of A1's wife.
Without getting permission from her, it appears that the
above said work has been done.
7.From the above facts and circumstances, it is
seen that trouble has arisen between the de-facto
complainant party and the petitioners over the above said
installation of the electrical posts. On the particular
day, trouble has arisen between them and complaint and
counter complaint have been given. The de-facto
complainant stated that they were assaulted by the
accused with wooden stick, hands, etc. But absolutely, no
medical examination was done.
8.In the light of the above said allegation, now,
we will go to the complaint given by A1 namely Saravanan,
which is also registered in Crime No.114 of 2022 under
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sections 447, 427, 294(b) and 323 IPC. Wherein, it is
also alleged that they were also assaulted. But, who are
the aggressors, who trespassed into the property and who
committed the illegality was not properly investigated by
the first respondent. Even proper procedure contemplated
in PSO-588-A has not been followed. So, the continuation
of proceedings against the petitioners will amounts to
abuse of process of court and law. On that sole ground,
the final report filed is liable to be quashed.
9.In the result, this criminal original petition
is allowed. The proceedings in STC No.802 of 2022 on the
file of the Judicial Magistrate, Nilakottai is herein
quashed as against the petitioners. Consequently,
connected Miscellaneous Petitions are closed.
12/06/2023
Index:Yes/No
Internet:Yes/No
er
https://www.mhc.tn.gov.in/judis
To,
1.The Judicial Magistrate,
Nilakottai.
2.The Inspector of Police,
Viruveedu Police Station,
Dindigul district.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
G.ILANGOVAN, J
er
Crl.OP(MD)No.19777 of 2022
12/06/2023
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
