Madras High CourtCRL OP/650/2019allowed

M.Easan v. State Represented By

2022-10-26Honourable Dr Justice G. Jayachandran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.10.2022

CORAM

THE HON'BLE Dr.JUSTICE G.JAYACHANDRAN Crl.O.P.Nos.650 & 1862 of 2019 and Crl.M.P.Nos.392 & 1148 of 2019 M.Easan ... Petitioner in both Crl.OPs -Vs.- 1.State represented by, The Inspector of Police, Erode Taluk Police Station, Erode District.

(Crime No.797 of 2018) 2.R.Natarajan .. Respondents in Crl.O.P.No.650 of 2019 1.State represented by, The Inspector of Police, Kamanaickenpalayam Police Station, Tiruppur District.

(Crime No.519 of 2018) 2.J.Amal Arockia Dass .. Respondents in Crl.O.P.No.1862 of 2019 1/5

Common Prayer:

Criminal Original Petitions filed under Section 482 of Code of Criminal Procedure to call for the records relating to the Crime No.797 of 2018 on the file of the Inspector of Police, Erode Taluk Police Station, Erode District and Crime No.519 of 2018 on the file of the Inspector of Police, Kamanaickenpalayam Police Station, Tiruppur District respectively and quash both by allowing these Criminal Original Petitions.

For Petitioner in Both Crl.OPs :Mr.C.Ramaraj For Respondents in Both Crl.OPs :Mr.N.S.Suganthan, Government Advocate (Criminal side) for R1 No appearance for R2 C O M M O N O R D E R These Criminal Original Petitions have been filed to quash the criminal complaints registered against the petitioner herein for alleged offences under Sections 153, 505(1)(b), 505(1)(c) and 504 IPC. 2/5

2. The case of the prosecution is that during the sit-in-protest against the implementation of power line tower, it is alleged that this petitioner has sent a Whatsapp message calling student community to participate in the protest.

3. Considering the fact, it is made clear that the public resentment for erecting towers in agricultural land has manifested into protest by the public and later on the intervention of the State the towers have been erected and peace prevails.

4. In such circumstances, this Court is of the view that the criminal prosecution against the petitioner for sending whatsapp message calling student community to participate in the protest has not been fortified, so no criminal prosecution is required.

5. In view of the above, these Criminal Original Petitions are allowed. Accordingly, the complaints against the petitioner in Crime No.797 of 2018 on the file of the Inspector of Police, Erode Taluk Police 3/5

Station, Erode District and Crime No.519 of 2018 on the file of the Inspector of Police, Kamanaickenpalayam Police Station, Tiruppur District are quashed. Consequently, connected miscellaneous petitions are also closed.

26.10.2022 Speaking/Non-speaking order Index: Yes/No Internet : Yes/No nsa To 1.The Inspector of Police, Erode Taluk Police Station, Erode District.

(Crime No.797 of 2018) 2.The Inspector of Police, Kamanaickenpalayam Police Station, Tiruppur District.

(Crime No.519 of 2018) 3.The Public Prosecutor, High Court, Madras.

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Dr.G.JAYACHANDRAN.J., nsa Crl.O.P.Nos.650 & 1862 of 2019 and Crl.M.P.Nos.392 & 1148 of 2019 26.10.2022 5/5