Madras High Court
M. Sivakumar vs The Union Of India on 20 February, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.No.4701 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.4701 of 2025
and Crl.M.P.No.3022 and 3023 of 2025
M. Sivakumar ... Petitioner
Vs.
1. The Union of India
Rep. by the Assistant Sub-Inspector of Police,
Railway Protection Force,
Thiruvannamalai District.
(R.A.Crime No.1345 of 2016)
2. R. Ganesan ... Respondents
PRAYER: The Criminal Original Petition is filed under Section 528 of
B.N.S.S. to call for the records in S.T.C.No.525 of 2018 on the file of the
Judicial Magistrate No.I, Thiruvannamalai and to quash the same.
For Petitioner : Mr.S.Arun Kumar
-----
https://www.mhc.tn.gov.in/judis
Page 1 of 6
Crl.O.P.No.4701 of 2025
ORDER
This Criminal Original Petition has been filed to quash the
proceedings in S.T.C.No.525 of 2018 on the file of the Judicial
Magistrate No.I, Thiruvannamalai, under Sections 174(a) and 147 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
tract and obstructed the train. Hence, the first respondent Police has
registered a case in Crime No.1345 of 2016 for the offence under
Sections 174(a) and 147 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 counsel appearing for the petitioner and
perused the materials placed before this Court.
https://www.mhc.tn.gov.in/judis
4. In this case, the charge sheet has been filed against the
petitioner and others for offence under Sections 174(a) and 147 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.
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
https://www.mhc.tn.gov.in/judis
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.525 of 2018 on the file of the Judicial
Magistrate No.I, Thiruvannamalai, is quashed against all the accused
named in the final report. Consequently, connected Miscellaneous
Petitions are closed.
20.02.2025
asi
To
1. The Judicial Magistrate No.I,
Thiruvannamalai.
2. The Assistant Sub-Inspector of Police,
Railway Protection Force,
Thiruvannamalai District.
3. The Public Prosecutor,
High Court of Madras,
Chennai - 600 104.
https://www.mhc.tn.gov.in/judis
G.K.ILANTHIRAIYAN, J.
asi
and Crl.M.P.No.3022 and 3023 of 2025
https://www.mhc.tn.gov.in/judis
20.02.2025
https://www.mhc.tn.gov.in/judis
