K.Meeran Moideen v. Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH And Crl.M.P.Nos.3945 and 3947 of 2024 K.Meeran Moideen ... Petitioner Vs.

The State Rep. by The Sub-Inspector of Police, Railway Protection Force, Pollachi Junction Railway Station, Coimbatore.

(Crime No.380 of 2018) ... Respondent Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records relating to C.C.No.2639 of 2019 on the file of the Judicial Magistrate - I, Coimbatore and quash the same as far as the petitioner is concerned.

For Petitioner : M/s.C.Gunasekaran For Respondent : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This petition has been filed seeking to quash the proceedings in 1/4

C.C.No.2639 of 2019 pending on the file of the learned Judicial Magistrate - I, Coimbatore.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side).

3.The case of the prosecution is that nearly 50 members belonging to the Bar Association entered into a Railway Station and they squatted in the Railway Track between 12.20 to 12.25 hours on 10.04.2018. They were protesting against the Central Government for the delay in the formation of the Cauvery Water Management Board. Due to this protest, there was a disruption in the movement of the trains. Ultimately, the picketers were forcibly removed from the Railway Track. Based on the complaint given by the respondent, the FIR came to be registered in Crime No.380 of 2018 against nine persons. On completion of investigation, a final report has been filed before the Court below as against 9 accused persons which has been taken on file in C.C.No.2639 of 2019 for offence punishable under Section 174(a), 145(b) and 147 of the Railways Act, 1989. The same has been put to challenge before this Court.

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4.In the considered view of this Court, similar protest took place all over Tamil Nadu seeking formation of Cauvery Water Management Board. Similar F.I.Rs. Were also registered across the Tamil Nadu and considering the cause for which such agitation took place, this Court had interfered with those F.I.Rs. and proceedings pending before the Court and quashed the same on earlier occasions. The facts of the present case can be brought within the fold of Section 95 of I.P.C. No useful purpose will be served in making the accused person undergo the ordeal of trial.

5.In the light of the above discussion, the proceedings in C.C.No.2639 of 2019, on the file of the Judicial Magistrate - I, Coimbatore, is quashed in entirety and this criminal original petition stands allowed. Consequently, the connected miscellaneous petitions are closed.

06.03.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 3/4

N.ANAND VENKATESH,J.

pri To 1.The Judicial Magistrate - I, Coimbatore.

2.The Sub Inspector of Police, Railway Protection Force, Pollachi Junction Railway Station, Coimbatore.

(Crime No.380 of 2018) 3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

And Crl.M.P.Nos.3945 and 3947 of 2024 06.03.2024 4/4