Vani, Aged 39 Yrs v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2021

CORAM:

THE HON'BLE MRS.JUSTICE V. BHAVANI SUBBAROYAN CRL.O.P.No. 7589 of 2017 and CRL.M.P.No. 5492 of 2017 1.Vani 2.Vedhamani 3.K.Dhanraj 4.K.Mahesh 5.S.Gouthaman

...Petitioners

Versus

1.The State, Represented by The Inspector of Police, Pathirivedu Police Station, Thiruvallur District.

2. K. Ambika

...Respondents

Criminal Original petition is filed under Section 482 of Criminal Procedure Code to call for the records relating to the FIR in Crime No.7 of 2009 pending on the file of the 1st respondent and quash the same.

For Petitioners : Mr.P. Rajendran For R1 :Mr.S.Vinoth Kumar Counsel for Government of Tamil Nadu (Criminal Side)

ORDER

This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.7 of 2009 pending on the file of the 1st respondent police.

2. Heard the learned counsel for the petitioners and the learned Counsel for Government of Tamil Nadu (Criminal Side) for the respondents.

3. This petition has shown as accused. An FIR has been registered for the offences under Sections 147, 148, 448, 353, 506(ii) IPC against all the accused.

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4. The learned Counsel for Government of Tamil Nadu (Criminal Side) would submit that the industry had laid a separate pathway for the villagers to use, on account of which all the disputes appear to have been settled and the industry is functioning in the area peacefully.

5. On perusal of the FIR, it is seen that the local people agitated over establishment of a private industry, which according to them has been established on agricultural land and hence, they came to the road and conducted road roko. Even in the FIR that was registered based on the complaint, the first respondent had stated that he had not seen any of the incidents directly and he had only received secret information from intelligence and he went to the place of occurrence and found the accused sitting on the road and conducted road roko. Hence, this Court does not find any prima facie materials in the complaint for any investigation. The above issue was sorted out between the parties.

6. In view of the above, this petition is allowed and the FIR in Cr.No.7 of 2009 on the file of the Inspector of Police, Pathirivedu, Thiruvallur District, is hereby quashed against all the accused, including those who have not approached this Court. Consequently, connected miscellaneous petition is closed. s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar msm To

1. The Inspector of Police, Pathirivedu Police Station, Thiruvallur District.

2. The Public Prosecutor, High Court, Puduchery.

+1 CC to Mr.P. Rajendran, Advocate sr 33184.

CRL.O.P.No. 7589 of 2017 and CRL.M.P.No. 5492 of 2017 PMK(CO) SP(19/08/2021) https://hcservices.ecourts.gov.in/hcservices/