A.M.Munusamy v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.11.2022
CORAM:
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN and Crl.M.P.No.17476 of 2019 1.A.M.Munusamy 2.C.M.Thulasimani 3.Kavin Kumar 4.Ponnusamy @ Ki.Ve.Ponnaiyan 5.V.P.Gunasekaran ..Petitioners Vs.
1.State represented by, The Inspector of Police, Erode Taluk Police Station, (Crime No.810 of 2018) 2.Mr.Asokan The Sub Inspector of Police, Erode Taluk Police Station, ..Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to the Crime No.810 of 2018 on the file of the Inspector of Police, Erode Taluk Police Station, Erode District and quash the same. Page 1/4
For Petitioners : M/s.M.Guruprasad For R1 : Mr.N.S.Suganthan Government Advocate (Crl.Side) For R2 : No appearance
ORDER
This Criminal Original Petition is filed to quash the criminal complaint initiated by the Sub Inspector of Police, attached to the Erode Taluk Police Station,
2. The Gist of the complaint is that the petitioners herein, who are the land owners protested for erecting the High Tension Transmission Tower in their land. With permission of this Court, they underwent relay hunger strike. As per the permission granted by this Court, no person above the age of 50 years should participate and the protesters should not disturb the public peace. While so, these petitioners invited the leaders of the political parties on 27.12.2018, made the shop owners to close the shops and created unrest and caused disturbance to the public peace. Further, few of the participants to the hunger strike got fainted and admitted in the hospital, thereby committed offences under Sections 147, 153, 505(1)(b)(c) & Page 2/4
504 & 336 I.P.C.
2. This complaint is out come of the State oppression of the agitating public expressing their reservation for laying High Tension Transmission Tower in their agricultural land. The allegations, as found in the complaint and the Sections under which these petitioners were booked, have no relevancy even if the allegations made in the complaint accepted as gospel truth.
3. Furthermore, the learned Government Advocate (Crl.Side) for the State would submit that subsequent to the protest, the Government has negotiated the respective land owners and they have permitted erection of tower after getting due compensation. Presently, there is no disturbance to the peace and tranquility in the area.
4. Recording the same, this Criminal Original Petition is allowed. Consequently, the connected Criminal Miscellaneous Petition is closed. The complaint in Crime No.810 of 2018 on the file of the Inspector of Police, Erode Taluk Police Station is hereby quashed.
22.11.2022 Index :Yes/No.
Speaking order/Non-speaking order Page 3/4
rpl Dr.G.JAYACHANDRAN,J.
rpl To,
1. The Inspector of Police, Erode Taluk Police Station, 2.The Public Prosecutor, High Court, Madras.
22.11.2022 Page 4/4