Tamilmani v. The Union Of India Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7532 of 2025 and Crl.M.P.No.4841 of 2025 Tamilmani ....

Petitioner vs

1. Union of India rep.by P.Murugesan Assistant Sub-Inspector Railway Protection Force, Podanur, Southern Railway, Coimbatore.

(Crime No.9 of 2018)

2. Kana Ram Yadav .....

Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for the records in C.C.No.281 of 2018 on the file of learned Judicial Magistrate No.I, Coimbatore and quash the same. For Petitioner : Mr.N.Ponraj

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.281 of 2018 on the file of the Judicial Magistrate No.I, Coimbatore for offence under Sections 147 and 174(a) of the Railway Act, 1989.

2. The allegations against the petitioner in the final report is that the petitioner 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 in front of train No.66602 passenger (Ex CBE-SA) and obstructed the train. Hence, the 2nd respondent has registered a case in Crime No.9 of 2018, for offence under Sections 147 and 174(a) of Railways Act, 1989. On completion of investigation, charge sheet has been filed before the learned Judicial Magistrate No.I, Coimbatore.

3. Heard the learned counsel appearing for the petitioner.

4. In this case, the charge sheet has been filed against the petitioner and others for offence under Sections 147 and 174(a) 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 160 people assembled and squatted in front of train No.66602 passenger (Ex CBE-SA) raising slogans against the Central Government for not forming Cauvery River Management Board 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 160 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 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 C.C.No.281 of 2018 on the file of the Judicial Magistrate Court No.I, Coimbatore, is quashed against the accused and others named in the final report. Consequently, connected Miscellaneous Petition is closed.

14.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order kkd To

1. Assistant Sub-Inspector Railway Protection Force, Podanur, Southern Railway,

Coimbatore.

2. The Judicial Magistrate No.I, Coimbatore.

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

kkd

Crl.O.P.No.7532 of 2025 14.03.2025