Crl.O.P.(MD)No.17475 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2025 CORAM THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.17475 of 2025 and Crl.M.P(MD)Nos.14187 & 14189 of 2025 Nishanth @ Santiago Merbin Nishanth ... Petitioner/9th Accused Vs. 1.The State of Tamil Nadu, Represented by its, The Inspector of Police, Koodankulam Police Station, Tirunelveli District. (Crime No.222 of 2013) ... 1st Respondent/Complainant 2.A.Thiru Murugan, The Sub-Inspector of Police, Koodankulam Police Station, Tirunelveli District. ... 2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to pass an order of quash, to call for the entire records in relating to impugned charge sheet in C.C.No.224 of 2023 on the file of the learned Judicial Magistrate Court, Radhapuram and to quash the same insofar as the petitioner is concerned. For Petitioner : Mr.S.Jeyakarthik For R-1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor 1/7 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.17475 of 2025 ORDER The petitioner seeks to quash the impugned final report filed in C.C. No.224 of 2023 on the file of the learned Judicial Magistrate, Radhapuram, which was filed for the offences under Section 147, 148, 341, 294(b), 353 and 506(ii) of IPC. 2. The allegation in the final report is that the petitioner, along with others, had protested against opening of Koodankulam Nuclear Power Plant; that they had threatened the second respondent and also prevented him from discharging his duty besides committing the offence of criminal intimidation. 3. The learned counsel for the petitioner would submit that the similar case registered against persons agitating against the Koodankulam Nuclear Power Plant project was quashed by this Court in Eric Jude Vs. The Inspector of Police, Panangudi Police Station, Tirunelveli District in Crl.O.P.(MD).No. 18828 of 2018 by order dated 24.08.2018. He would further submit that this Court had quashed other cases as well by citing the observations of the Hon'ble Supreme Court that the State should withdraw all the criminal cases filed against agitators so that peace and normalcy would be restored at Koodankulam. 2/7 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.17475 of 2025 4. Heard the learned Additional Public Prosecutor appearing for the first respondent. He would submit that the impugned prosecution has been lodged because the petitioner along with others had protested against the opening of the Nuclear Power Plant. 5. This Court, in a quash petition challenging the FIR against the persons, who had agitated against the opening of Koodankulam Nuclear Power Plant, in Crl.O.P.(MD).No.18828 of 2018, had observed as follows: “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. 3/7 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.17475 of 2025 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.” 6. In yet another case in Ariharan Kencian Vs. State in Crl.O.P. (MD).No.6179 of 2022 dated 01.04.2022, this Court had extracted the observations made by the Hon'ble Supreme Court: “9. The Hon'ble Supreme Court in G.Sundarrajan Vs.Union of India reported in 2013(6)SCC wherein the whole incident as well as establishment of Koodangulam Nuclear Power Plant Project has been discussed. It is a classic case of recent times, which deal and discuss about the necessity of establishing such power plants in the interest of the development of the country and scientific explorations. A detailed study has been made in this case and during the course of the judgment, the Hon'ble Supreme Court is of the view that all the cases that have been registered against the protestors 4/7 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.17475 of 2025 touching the protest against the establishment of the power plant may by dropped. Para No.244.14 of the judgments reads as under: '244.14 Endeavour should be made to withdraw all the criminal cases filed against the agitators so that peace and normalcy be restored at Kudankulam and nearby places and steps should be taken to educate the people of the necessity of the plant which is in the largest interest of the nation particularly the state of Tamil Nadu.' ” 7. In the light of the consistent view taken by this Court and following the observations made by the Hon'ble Supreme Court, this Court is of the view that no useful purpose would be served in keeping the impugned final pending trial. Accordingly, the final report in C.C.No.224 of 2023 on the file of the learned Judicial Magistrate, Radhapuram is quashed and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed. 14.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm 5/7 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.17475 of 2025 To 1.The Judicial Magistrate Court, Radhapuram. 2.The Inspector of Police, Koodankulam Police Station, Tirunelveli District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.17475 of 2025 SUNDER MOHAN, J. Lm Crl.O.P(MD).No.17475 of 2025 14.10.2025 7/7 https://www.mhc.tn.gov.in/judis