Madras High Court
Dr.Arul Gnanasekar vs The State Of Tamil Nadu on 10 March, 2015
Author: C.T.Selvam
Bench: C.T.Selvam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.03.2015
CORAM
THE HON'BLE MR.JUSTICE C.T.SELVAM
CRL.O.P.(MD)No.12540 of 2011
and M.P.(MD) Nos.2 and 3 of 2011
1.Dr.Arul Gnanasekar
2.Nagarajan .. Petitioners
.. Vs ..
1.The State of Tamil Nadu,
rep. by its Inspector of Police,
Central Police Station,
Thoothukudi,
Thoothukudi District.
(Crime No.83 of 2011)
2.Lordhu Francis .. Respondents
Criminal Original Petition filed under section 482 of the Code of
Criminal Procedure, praying to call for the records relating to S.T.C.No.357
of 2011 pending on the file of Judicial Magistrate No.2, Thoothukudi and to
quash the same.
For Petitioners : Mr.N.Dilip Kumar
For 1st Respondent : Mr.K.Anbarasan
Government Advocate (Crl. Side)
For 2nd Respondent : No Appearance
- - - - -
:O R D E R
This petition has been filed under Section 482 of Cr.P.C, seeking to quash the proceedings in S.T.C.No.357 of 2011 pending on the file of Judicial Magistrate No.2, Thoothukudi.
2.Heard learned counsel for petitioners and learned Government Advocate (Crl. Side) for first respondent.
3.The case arises as a result of investigation in Crime No.83 of 2011 on the file of the first respondent informing commission of offence under Section 171-C I.P.C. The case has been registered on the complaint of the Village Administrative Officer and according to the final report the investigation has revealed that at about 12.00 p.m. on 14.03.2011 the petitioners/accused had distributed 40 pens and writing pads to the members of Women Self Help Groups at Old Municipal Office Buildings, Thoothukudi. This allegedly was done under the guise of conducting Capacity Empowerment Programme at the instance of a political party. Hence, electoral offence under Section 171-C is alleged.
4. The first petitioner informs of being the Executive Director of Good Hope Foundation, a trust registered under Indian Trusts Act. It has been established in the year 1996 and is run by a team of Research Professionals from various inter-disciplines of rural development. Research and Development intervention are the two core aspects of the organization. The organization regularly conducts Training programmes to enhance the capabilities of individuals at the grass root level. The Regional Director of Municipal Administration under orders dated 30.09.2010 has requested the Trust to conduct Training Programme for awareness building for Self Help Groups in Tirunelveli Region including Thoothukudi District. The task of mobilizing participants and arranging training Halls are entrusted to the concerned local bodies. Training Programmes had been conducted at Sivakasi, Koilpatti, Dindigul, Virudhunagar, Tirunelveli, Thiruthangal, Kayatharu, Aruppukottai amidst other local bodies numbering 100. While the petitioners were engaged in conduct of one such programme at Corporation of Thoothukudi on 14.03.2011, the complaint has been preferred against them.
5. Learned Government Advocate submitted that complaint discloses the offences alleged and investigation too has revealed the commission thereof and therefore, the petitioners have to prove their innocence at the trial.
6. The F.I.R. giving rise to the present quash petition, is registered for offences under Sections 354, 353 and 294(b) I.P.C. Pursuant to investigation charge sheet stands filed for offence under Section 171-C I.P.C. and has been taken on file in S.T.C.357 of 2011.
8. This Court is constrained to observe that a most frivolous exercise has been entered upon in registering the case and by filing a positive final report thereon. The complainant is a Village Administrative Officer, a Government official. He and the Special Sub Inspector of Police are shown as witnesses. Neither offending material has been seized nor the value thereof informed. The very programme has been conducted not only in Thoothukudi but, as informed, in as many as 100 places with the aim to empower Women Self Help Groups in rural areas. The entire exercise has the blessings of Regional Director of Municipal Administration. As such, the entire action of the respondents is found to be malafide.
9. This Criminal Original Petition shall stand allowed. The proceedings in S.T.C.No.357 of 2011 on the file of Judicial Magistrate No.2, Thoothukudi stands quashed in the hope that we will see better days where such incidents do not occur. Consequently, connected Miscellaneous Petitions shall stand closed.
10.03.2015 Index: Yes/No Internet: Yes/No sj To
1.The Judicial Magistrate No.II, Thoothukudi.
2.The Inspector of Police, Central Police Station, Thoothukudi, Thoothukudi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
C.T.SELVAM, J.
sj CRL.O.P.(MD)No.12540 of 2011 and M.P.(MD) Nos.2 and 3 of 2011 10.03.2015