Thinagarajan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 15/06/2023
CORAM
The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.10821 of 2022 1.Thinagarajan 2.Sahubar Sadiq 3.Gopalakrishnan 4.Muthumurugan 5.Naganatha Sethupathi 6.Balu 7.Kathiresan 8.Sivalingam 9.Manikandan 10.Palraj 11.Paramalai 12.Mohan Doss 13.Malairaj 14.Murugavel 15.Govindaraj 16.Thirunagalingam 17.Nanthagopal 18.Karupaiah 19.Sundar 20.Mohan 21.Gunasekaran 22.Santhanam 23.Thirumoorthi 24.Santhanam, s/o.Ochappan 25.Adhammoosha 26.Ramamoorthi 27.Chandrasekaran 28.Sudharsan 29.Subramaniyan 30.Senthooran 31.Karnan 32.Nagoor Kani 33.Ali Akbar
34.Mohamed Satham Usain 35.Syed Ali 36.Jeyarani 37.Yasothai 38.Anitha 39.Devi 40.Selvi 41.Seetha 42.Kalimuthu 43.Thangam 44.Deivanai 45.Mullaikodi 46.Veeramahali 47.Sargunam 48.Ponirulu 49.Ponirulu, w/o.Kumaraiah 50.Panjavarnam 51.Irulayee 52.Neelavathi : Petitioners/A1 to A52 Vs.
1.State rep. by its The Inspector of Police, Elanjambur Police Station, Ramanathapuram District.
(Crime No.163 of 2021) : R1/Complainant 2.Mr.Rajendran Sub Inspector of Police, Elanjambur Police Station, Ramanathapuram District. : R2/De-facto Complainant PRAYER:- Criminal Original Petition has been filed under section 482 of the Criminal Procedure Code, to call for the records pertaining to the First Information Report in Crime No.163 of 2021 on the file of the 1st respondent and quash the same as illegal as against the petitioners and pass such further or other orders.
For Petitioners : Mr.K.Arunraj For Respondents : Mr.K.Suresh Kumar Government Advocate (Criminal side)
O R D E R
This criminal original petition has been filed seeking quashment of the First Information Report in Crime No.163 of 2021 on the file of the 1st respondent and quash the same as illegal as against the petitioners. 2.The case of the prosecution in brief:- On 25/12/2021 at about 09.00 am, in the morning, when the police team, comprising the de-facto complainant and others were on their routine bundobust duty, the village people belonging to Melachirupothu Village gathered in that area in an unlawful manner and also made demonstration and protest, demanding compensation for the death of one Muthaiah due to electrocution. They have also demanded appointment in the Government Department for the legal of the above said Muthaiah. On the basis of the above said occurrence, a case in Crime No.163 of 2021 was registered for the offences under sections 143, 341, 353, 290, 291 and 506(i) IPC.
3.Seeking quashment of the same, this petition has been filed by the petitioners on the ground that none allegations mentioned in the FIR attract any of the ingredients alleged.
4.Heard both sides.
5.Reading of the FIR shows that the above said petitioners made a genuine demand seeking compensation for the death of one Muthaiah. They also alleged to have demanded job for one of the legal heirs of the deceased Muthaiah. Even though, the claim cannot per se legal, but the contention on the part of the prosecution is that without prior permission, they assembled in that area. It has not been stated that because of the protest and demonstration, as the case may be, either the public or traffic was affected.
6.In the absence of any such allegation or averment against the petitioners, I am of the considered view that what was exercised by them is a democratic way of demanding money from the Government. Their aim was not the unlawful activity, but to draw the attention of the
Government to the above said unfortunate death, for which they should not be penalized by subjecting to undergo the process of investigation and trial.
7.So, I find that this is the fittest case to quash the criminal prosecution against the petitioners. 8.In the result, this criminal original petition is allowed. The FIR in Crime No.163 of 2021 on the file of the 1st respondent is herein quashed.
15/06/2023 Index:Yes/No Internet:Yes/No er To, 1.The Inspector of Police, Elanjambur Police Station, Ramanathapuram District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
G.ILANGOVAN, J er Crl.OP(MD)No.10821 of 2022 15/06/2023