Vimal @ Sahaya Arul Vimal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2025

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.(MD). No.12452 of 2022 Vimal @ Sahaya Arul Vimal ... Petitioner/Accused No.11 Vs.

1.The State represented by, its, The Inspector of Police, Koodankulam Police Station, Tirunelveli District.

(Crime No.192 of 2013) ... 1st Respondent / Complainant 2.Vijaya Kumar ... 2nd Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in relating to impugned charge sheet in P.R.C.No.51 of 2020 on the file of the learned Judicial Magistrate, Radhapuram and to quash the same insofar as the petitioner is concerned.

For Petitioner :

Mr.M.S.Jeyakarthik For R1 :

Mr.S.Ravi, Additional Public Prosecutor 1/5

For R2 :

NA

ORDER

This petition has been filed to quash the proceedings pending in P.R.C. No.51 of 2020 on the file of the learned Judicial Magistrate, Radhapuram.

2. The case of the prosecution is that the accused persons conducted a protest against Koodankulam Nuclear Station. While doing so, they blocked the road by laying stones in the road and when the same was questioned by the defacto complainant, he was abused in filthy language and they threatened the defacto complainant with dire consequences. On completion of investigation, police report has been filed before the Court below as against 12 accused persons and the petitioner has been arrayed as A11. The Court below has taken cognizance for offence under Sections 147, 148, 294(b), 431, 427 and 506(ii) of IPC and Section 3 of the TNPPDL Act.

3. Heard the learned counsel on either side and perused the materials available on record.

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4. The matter pertains to agitation that was conducted against the Koodankulam Nuclear Power Plant. Various agitations took place at that point of time and several FIRs were registered against the protestors. All those FIRs and the proceedings resulting from the same was interfered by this Court and it was all quashed. One such order was passed in Crl.OP(MD).No.18828 of 2018 by an order dated 24.10.2018. No useful purpose will be served in conducting the criminal case at this length of time and more particularly since many of the cases were quashed by this Court considering the fact that all those cases arose out of a protest that was made against the opening of the Koodankulam Neuclear Power Station.

5. In the light of the above discussion the proceedings in P.R.C. No.51 of 2020 on the file of the learned Judicial Magistrate, Radhapuram is hereby quashed and this Criminal Original Petition is allowed. Consequently, the connected miscellaneous petition is closed. 22.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No pal 3/5

To 1.The Judicial Magistrate, Radhapuram .

2. The Inspector of Police, Koodankulam Police Station, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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N.ANAND VENKATESH,J.

pal Order made in 22.01.2025 5/5