Madras High Court
Ravivarman vs The State Rep. By on 3 June, 2024
Author: M. Dhandapani
Bench: M. Dhandapani
Crl.R.C.No.1563 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.06.2024
CORAM
THE HONOURABLE MR.JUSTICE M. DHANDAPANI
Crl.R.C.No.1563 of 2022
and Crl.M.P No.18898 of 2022
Ravivarman .... Petitioner
Versus
The State rep. by
the Forest Range Officer,
Tindivanam, Villupuram District. .... Respondent
Prayer: The Criminal Revision Case is filed under Section 397 r/w 401 of
Cr.P.C. to set aside the order passed in Crl.M.P.No.3512 of 2019 in
C.C.No.24 of 2019 on 27.10.2022 on the file of the Judicial Magistrate
No.II, Tindivanam, filed under Section 239 Cr.P.C for discharge insofar as it
relates to the petitioner is concerned.
For Petitioner : Mr.K.Balakrishnan
For Respondent : Mr.A.Gopinath
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https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1563 of 2019
ORDER
The present Criminal Revision Case has been filed to set aside the order passed in Crl.M.P.No.3512 of 2019 in C.C.No.24 of 2019 on 27.10.2022 on the file of the Judicial Magistrate No.II, Tindivanam, filed under Section 239 Cr.P.C for discharge insofar as it relates to the petitioner is concerned.
2. The case of the prosecution is that he has been running the shirmp farm activity in his own patta land since 1991 for the past 29 years without any interruption by anybody and obtained the license from the coastal aquaculture authority, Government of India and to culture SPF Litopanaeus Vannamei (prawn) in Nadukppam Village comprised in Survey No.662/1A, 1B, 2, 671, 402/1, 405/3. Due to the heavy work, the petitioner entered into lease agreement with one Sankar s/o.Elumalai, on 22.03.2018 and the lease in carrying on the shrimp farm activity in the above-said place. The leasee namely, Sankar is strictly followed the guidelines of the Coastal Aquaculture Authority.
-2- https://www.mhc.tn.gov.in/judis Crl.R.C.No.1563 of 2019
3. It is further case of the prosecution that on 24.01.2019, the Forest Official came to his farm and by spade cut the shrimp farm cannels and thereby caused damage to the shrimp ponds and the water were flown from the farm. It is clear encroachment on the private land and caused mischief damaging the shrimp farm cannels. Therefore, the lessee viz., Sankar lodged a complaint before the Marakkanam Police Station and the case has been registered in Crime No.40 of 2019 as against the forest officials, for the offences under Sections 447, 427 and 430 of IPC. On the same day, the forest officials lodged complaint alleging the petitioner's shrimp farm emanating wastage water, which is flow in the forest land in Survey No.682. On the said complaint, FIR has been registered in Crime No.5 of 2019 for the offences under Sections 26(f) of the Forest Act, 1882, r/w Section 28(A) 2, 2(16)(a) 9, Section 39(3)(c) and 51 of Wild Life Protection Act 1972 against the petitioner and filed charge sheet within two days without proper investigation. On the date of occurrence, the petitioner has not possession of the shrimp farm and not carrying the shirmp farm -3- https://www.mhc.tn.gov.in/judis Crl.R.C.No.1563 of 2019 activity. Hence, the petitioner is filed the discharge application before the trial Court and the same is dismissed. Challenging the same, the present Criminal Revision Case is filed.
4. The learned counsel appearing for the petitioner, on instructions, would submit that without going into the merits of the case, this Court may issue a direction to the trial Court to dispose of the main C.C. within a stipulated time and may also dispense with the appearance of the petitioner before the trial Court.
5. Though such a prayer has been sought for, however, it is to be pointed out that the presence of the petitioner cannot be dispensed with in toto. In such view of the matter, this Court, without going into the merits of the case, directs the trial Court to dispose of the main C.C. within a period of three (3) months from the date of receipt of a copy of this order and the appearance of the petitioner before the trial Court is dispensed with except for his appearance for the purpose of receiving copies u/s.207 and -4- https://www.mhc.tn.gov.in/judis Crl.R.C.No.1563 of 2019 questioning under Section 313 Cr.P.C. and on the day on which judgment is to be pronounced. However, if for any particular reason, the presence of the petitioner is necessary, the trial Court, at its wisdom, shall direct his appearance on those days.
With the above-directions, this Criminal Revision Case is disposed of. Consequently, the connected Miscellaneous Petition is closed.
03.06.2024 asi To
1. The Judicial Magistrate No.II, Tindivanam.
2. The Forest Range Officer, Tindivanam, Villupuram District.
3. The Public Prosecutor, High Court of Madras.
-5- https://www.mhc.tn.gov.in/judis Crl.R.C.No.1563 of 2019 M. DHANDAPANI, J.
asi Crl.R.C.No.1563 of 2022 and Crl.M.P No.18898 of 2022 03.06.2024 -6- https://www.mhc.tn.gov.in/judis