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Madras High CourtCRL OP/31897/2019allowed

V.Sivakumar v. State Rep.By

2022-11-22Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2022

CORAM:

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN and Crl.M.P.No.17472 of 2019 V.Sivakumar ..Petitioner Vs.

1.State represented by, The Inspector of Police, Kundadam Police Station, Tiruppur District.

(Crime No.158 of 2019) 2.Kalimuthu, Village Administrative Officer, 21 Suriyanallur, Sankarandampalayam, Dharapuram Taluk, Tiruppur District.

..Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to the Crime No.158 of 2019 on the file of the Inspector of Police, Kundadam Police Station, Tiruppur District and quash the same. For Petitioner : M/s.M.Guruprasad For R1 : Mr.N.S.Suganthan Page 1/4

Government Advocate (Crl.Side) For R2 : No appearance

ORDER

This Criminal Original Petition is filed to quash the criminal complaint registered at the instance of the Village Administrative Officer, alleging that the petitioner as a leader of Non Political Farmers Association prevented him and other Revenue officials from entering into the land for measuring it to erect High Tension Transmission Tower.

2. This is a case of State wide spread agitation of farmers for erection of High Tension Tower in the agricultural land, without considering their request and grievances. In the course of protest, it is alleged that on 14.06.2019, when the de facto complainant along with the other officials went to the proposed site for erection and conducted enquiry, the petitioner herein prevented them to discharge their duty.

3. The learned Government Advocate (Crl.Side) appearing for the State submits that after registering the complaint and negotiations, the land owners have withdrawn their protest and Transmission Tower has already been erected and Page 2/4

project is completed.

4. Taking note of the above fact, there is no purpose in prosecuting the petitioners, who has expressed the voice of the land owners in a democratic manner. Hence, this Criminal Original Petition is allowed. Consequently, the connected Criminal Miscellaneous Petition is closed. The complaint in Crime No.158 of 2019 on the file of the Inspector of Police, Kundadam Police Station, Tiruppur District is hereby quashed.

22.11.2022 Index :Yes/No.

Speaking order/Non-speaking order rpl To,

1. The Inspector of Police, Kundadam Police Station, Tiruppur District.

2.The Public Prosecutor, High Court, Madras.

Dr.G.JAYACHANDRAN,J.

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rpl 22.11.2022 Page 4/4