Madras High Court
Eric Jude vs The Inspector Of Police on 24 October, 2018
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2018 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.18828 of 2018 and Crl.M.P(MD) No.8414 of 2018 Eric Jude ... Petitioner Vs. The Inspector of Police Panangudi Police Station Tirunelveli District Crime No.59 of 2012 ...Respondent Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to the proceedings of impugned First Information Report in Crime No.59 of 2012 on the file of the Inspector of Police, Pazhavoor Police Station, Tirunelveli District and quash the same as against the petitioner. For Petitioner : Mr.RM.Arun Swaminathan For Respondents : Mr.K.Suyambulinga Bharathi No.1 Government Advocate(Crl.Side) :ORDER
This Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No. 59 of 2012 on the file of the respondent police.
2. The learned counsel for the petitioner would submit that the respondent police proceeded further to register First Information Report against 178 persons on the ground that all these persons were agitators against the opening of Kudunkulam Nuclear Power Plant. The learned counsel would further submit that the respondent police had ropped innocent persons as accused and the First Information Report is kept pending from the year 2012 onwards. The learned counsel would further submit that there are several accused persons who had nothing to do with the alleged incident and their names have been ropped in and therefore those persons are not able to apply for passport or go for Government job in view of the pending First Information Report. The learned counsel brought to the notice of this Court the judgment of the Honourable Supreme Court in G.Sundarrajan-vs- Union of India and others reported in (2013)6 Supreme Court Cases Page 620, wherein the Supreme Court was dealing with the entire issue with regard to the commencement of Nuclear Power Plant at Kudankulam. In the concluding portion of the judgment the Supreme Court has also issued various directions and specifically at para number 244.14, the Honourable Supreme Court has also directed the police to withdraw all the criminal cases filed against the agitators.
3. The learned Government Advocate(Crl.Side) on instructions would submit that the respondent police have not filed final report in this case. He would further submit that a reading of the complaint would reflect the commission of offence under sections 353, 294(b) and 506(ii) of IPC. The learned counsel also submitted that this court should not interfere with the pending First Information Report since the respondent police is yet to complete the investigation in this case.
4. This court has carefully considered the submissions made on either side.
5. A reading of the First Information Report reflects the fact this petitioner was agitating against the opening of Kudankulam Nuclear Power Plant. In the First Information Report, general allegations have been made and it is not known as to why it has been registered against 178 persons and on what basis this petitioner was added in the First Information Report.
6. That apart, it is also seen that this First Information Report has been pending from the year 2012 onwards without any progress. Pendency of this First Information Report had also caused hardship to some of the accused persons who are youngsters trying to find government job and also trying to get passport and to work abroad. Due to the pendency of the First Information Report, fishermen token is also not given to some of the persons, as result of which it has affected their livelihood.
7. This Court has also taken into consideration the directions given by the Honourable Supreme Court in the Judgment referred supra. The Honourable Supreme Court has given specific directions to withdraw all the criminal cases filed against the agitators in order to restore peace at Kudankulam. The Honourable Supreme Court took into consideration the reason why the agitation took place and only after satisfying itself about the apprehensions in the minds of the local people on the opening of the Nuclear Power Plant , that such agitation has taken place, a direction to that effect was given by the Honourable Supreme Court.
8. In view of the above, this Court finds that no useful purpose will be served by keeping the First Information Report pending in this case.
9. In the result, the First Information Report in Crime No.59 of 2012 is hereby quashed and the Criminal Original Petition is allowed. Consequently connected miscellaneous petition is closed.
To
1. The Inspector of Police Panangudi Police Station Tirunelveli District
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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