Madras High Court
Nehrudoss vs The State on 15 April, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.No.10899 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2025
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.10899 of 2025
and
Crl.M.P.No.7232 of 2025
1. Nehrudoss
2. Prabakaran
3. Loganathan
4. Sadasivam
5. Sathyapalan ... Petitioners
Vs
The State
Rep. through Sub Inspector of Police,
Railway Protection Force,
Coimbatore. ... Respondent
Criminal Original Petition is filed under Section 528 of B.N.N.S.,
to call for the records relating to the charge sheet filed in C.C.No.264 of
2015 pending on the file of the Judicial Magistrate Court No.1, Coimbatore
and quash the same.
For Petitioners : Mr.D.Arun
For Respondents : Mr.A.Gopinath,
Government Advocate (Crl.Side) (for R1)
1/7
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Crl.O.P.No.10899 of 2025
ORDER
This petition has been filed to quash the charge sheet in
C.C.No.264 of 2015 on the file of the Judicial Magistrate Court No.1,
Coimbatore.
2. The case of the prosecution is that on 01.06.2015 at 15:25
hours, the petitioners, along with other accused persons belonging to
various organizations, allegedly entered the front of the Sathabdi Express,
which was running between Coimbatore and Chennai, and staged a rail-roko
against the ban on the Ambedkar Periyar Study Circle, allegedly after an
anonymous complaint to the Central Government. The accused persons,
belonging to various organizations, including men and women, were
attempting to stage a blockade by shouting slogans condemning the State
and the Central Government for their stand to curb freedom of expression,
taken by the institution. The Union Government's action was most
disheartening. This incident displays a clear, unwarranted interference by
the Union Government in the running of an educational institution. The
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police intervened and asked them to disperse from there, but without
heeding to that, they sat on the track and demanded the lifting of the ban on
the study circle and raised slogans. Hence, the complaint.
3. Heard the learned counsel for the petitioner and the learned
Government Advocate (Crl.Side) appearing for the first respondent and
perused the materials available on record.
4. The issue in hand is clearly covered by the earlier Order passed
by this Court under similar circumstances in Crl.OP.No.10471 of 2022,
dated 28.6.2022. For proper appreciation, the relevant portions in the order
are extracted hereunder:-
“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 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
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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.
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.
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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.”
5. In the light of the above, the continuation of the proceedings as
against the accused persons will result in an abuse of process of Court.
Therefore, this Court is inclined to quash the entire proceedings.
Accordingly, the impugned proceeding in C.C. No. 264 of 2015 on the file
of the Judicial Magistrate Court No. 1, Coimbatore, is hereby quashed.
6. In the result, this Criminal Original Petition is allowed.
Consequently, the connected Miscellaneous Petition is closed.
15.04.2025
Index:Yes/No
Neutral Citation/Yes/No
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To
1. The Sub Inspector of Police,
Railway Protection Force,
Coimbatore.
2. The Judicial Magistrate Court No.1, Coimbatore.
3. The Public Prosecutor,
High Court of Madras.
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G.K.ILANTHIRAIYAN, J.
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15.04.2025
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