Madras High Court
V.Vigneshwaran vs The State Represented By on 14 July, 2021
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
CRL.O.P.No.12136 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.12136 of 2021
V.Vigneshwaran ... Petitioner
Versus
1.The State Represented by,
The Inspector of Police,
Walajapet Police Station,
Vellore District.
(Presently at Ranipet District).
2.Sampath,
Village Administrative Officer,
Thirumalaicherry Village,
Walajapet Taluk,
Vellore District.
(Presently at Ranipet District) ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to call for the records and quash the FIR in Crime
No.428 of 2017 dated 14.08.2017 pending on the file of 1st respondent
Police.
For Petitioner : Mr.T.Sai Krishnan
For R1 : Mr.E.Raj Thilak,
Government Advocate (Crl. Side)
*****
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CRL.O.P.No.12136 of 2021
ORDER
This Criminal Original Petition has been filed to quash the FIR in Crime No.428 of 2017, dated 14.08.2017 on the file of the 1 st respondent Police.
2.The petitioner is the accused in Crime No.428 of 2017, which was registered by the 1st respondent Police for offence under Sections 294(b), 506(i) of IPC and Section 67 of the Information Technology Act, 2000 on the compliant given by the 2nd respondent.
3.The case of the prosecution is that the petitioner on completion of degree in MS Software Engineering in Vellore Institute of Technology, was carrying on agricultural work in his native village at Thirumalaicherry. The petitioner is having facebook ID in the name of 'Viki Wara'. On 14.08.2019, at about 09.00 a.m., the petitioner posted a video as though the Chief Minister of Tamil Nadu, the former District Collector and the Superintendent of Police, Vellore are the reasons for allowing illegal sand mining in Palar River in Vellore district. Due to Page No.2 of 8 http://www.judis.nic.in CRL.O.P.No.12136 of 2021 which, the agricultural works in Vellore District got affected. The petitioner threatened them that they would be stabbed with knife. Hence, the 2nd respondent, the Village Administrative Officer of Thirumalaicherry, Vellore District lodged a complaint against the petitioner.
4.The learned counsel for the petitioner submitted that the FIR has been registered only to scuttle and deny the fundamental speech and expression. The petitioner is an environmentalist and energetic person, who was raising objections for allowing illegal sand mining in Vellore District. The learned counsel further submitted that the petitioner posted video in facebook about how sand mining spoils and reduces the ground water level in Vellore District. The petitioner is graduate in MS Software Engineering in Vellore Institute of Technology. After completion of the same, he was carrying on agricultural activities in his native village at Thirumalaicherry. Further, in the year 2017, the petitioner got admission in Government Dr.Ambedkar Law College, Chennai and completed law degree in the year 2021 and he is waiting for the enrollment process in the Bar Council of Tamil Nadu and Puducherry. Thus, the FIR is Page No.3 of 8 http://www.judis.nic.in CRL.O.P.No.12136 of 2021 unsustainable both on law and facts and the same is standing as stumbling block for enrollment. Hence, he prayed for quashing the FIR against the petitioner.
5.The learned Government Advocate (Crl. Side) appearing on behalf of the 1st respondent Police submitted that on the complaint given by the 2nd respondent, a case was registered against the petitioner in Crime No.428 of 2017. He further submitted that a request to the facebook is sent and reply is yet to be received. The other witnesses in this case are to be examined, the petitioner's facebook account is to be scrutinized and verified. The petitioner is environmentalist and engineering graduate, who was doing agricultural work in his native. The petitioner used to seek particulars from the District Collector, Vellore and the Revenue Divisional Officer, Vellore about sand mining and also raised objections for illegal sand mining. The petitioner is active environmentalist and propagating his information in the name of Save Palar River. The petitioner given his opinion and highlighting illegal sand mining. The petitioner posted a video threatening with derogatory Page No.4 of 8 http://www.judis.nic.in CRL.O.P.No.12136 of 2021 comments about the Chief Minister of Tamil Nadu, the former District Collector, Vellore and the Superintendent of Police, Vellore. Only on completion of investigation, the contention of the petitioner can be ascertained and verified. Hence, he prayed for dismissal of the Quash Petition.
6.This Court considered the rival submissions and perused the materials available on record.
7.It is seen that the petitioner had completed his degree in MS Software Engineering in Vellore Institute of Technology during the year 2008-2013. After completion of the same, he was carrying on agricultural work in his native village at Thirumalaicherry. In the year 2017, he got admission in Government Dr.Ambedkar Law College, Chennai and completed law degree in the year 2021 and he is waiting for the enrollment process in the Bar Council of Tamil Nadu and Puducherry.
8.It is also seen that the petitioner is an environmentalist and Page No.5 of 8 http://www.judis.nic.in CRL.O.P.No.12136 of 2021 energetic person and was active in facebook and positing particulars about the villages coming under Palar River Irrigation and about sand mining in Vellore District, stockyards and how daily around two crores of Government money looted by illegal sand mining and contractors charging exorbitant rates, the officials being complacent with minors. Further, the petitioner was also contemplating to move the Central Bureau of Investigation for the illegal sand mining activities in Vellore District. Thus, the petitioner had lot of enemies.
9.The petitioner posted a video only to Save Palar River and nothing more. From the posting, it is seen that the peoples, who are in power and position ought to have saved the nature and its resources, on the contrary allowed the same to be looted and nothing more. After posting such messages, there have been no further action on any violence with regard to the same. Posting by the petitioner in facebook is only to show his protest in a democratic manner. The petitioner using the social media was resisting the illegal sand mining and saving environment.
10.In view of the above, the continuation of the investigation would Page No.6 of 8 http://www.judis.nic.in CRL.O.P.No.12136 of 2021 amount to abuse of process of law. This Criminal Original Petition is allowed and the FIR in Crime No.428 of 2017 pending on the file of the 1st respondent Police is hereby quashed.
14.07.2021 Index: Yes/No Internet: Yes/No vv2 To
1.The Inspector of Police, Walajapet Police Station, Vellore District.
2.The Public Prosecutor, High Court, Madras.
Page No.7 of 8 http://www.judis.nic.in CRL.O.P.No.12136 of 2021 M.NIRMAL KUMAR, J.
vv2 CRL.O.P.No.12136 of 2021 14.07.2021 Page No.8 of 8 http://www.judis.nic.in