Thangakayalarasaon v. The Inspector Of Police
Crl.O.P(MD)No.2000 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2022 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.2000 of 2022 and Crl.M.P(MD)No.1456 of 2022 Thangakayalarason ... Petitioner/ Accused No.45 Vs.
1.The State represented by The Inspector of Police, Kudankulam Police Station, Tirunelveli District.
(Crime No.344 of 2012)
...Respondent/
Complainant 2.K.Suresh, The Village Administrative Officer, Kudankulam, Tirunelveli District.
...Respondent/
Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for records relating to the FIR in Crime No.344 of 2012, dated 10.09.2012 pending on the file of the respondent and quash the same against this petitioner alone. For Petitioner : Mr.V.Sukumar For Respondents : Mr.B.Thanga Aravindh Govt. Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed to quash the impugned FIR, which was registered in the year 2012. The registration of the FIR was in connection with the Kudankulam agitation.
2.I can take judicial notice or the fact that setting up of the Nuclear Plant at Kudankulam evoked considerable public outcry. Even though in the FIR, offences under Sections such as 307, 121, 121 (A) https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P(MD)No.2000 of 2022 and 124 (A) of Indian Penal Code have been invoked, the fact remains that no persons suffered any injury, 3.A learned Judge of this Court vide order dated 13.08.2021 in Crl.O.P(MD)No.12357 of 2020 batch, had quashed similar FIRs. Following the same, I had also granted relief for the petitioner herein, when he filed Crl.O.P(MD)No.662 of 2022. The case on hand is covered by those decisions. The impugned FIR is quashed. 4.With the said observation, this Criminal Original Petition is allowed. The benefit of this order will enure in favour of the nonpetitioning accused also. Consequently, the connected Miscellaneous petition is also closed.
Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) lr Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To:
1.The Inspector of Police, Kudankulam Police Station, Tirunelveli District.
2.The Village Administrative Officer, Kudankulam, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.V.SUKUMAR, Advocate ( SR-3775[F] dated 02/02/2022 ) Crl.O.P(MD)No.2000 of 2022 02.02.2022 RD(17.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2