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2025 DAILYLAW 29576 (MAD)

S.SELVARAJ v. STATE REP. BY THE INSPECTOR OF POLICE

CRL OP/7540/2025 · 2025-03-14

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.7540 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.03.2025 CORAM: THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7540 of 2025 S.Selvaraj ... Petitioner Vs 1. State by: The Inspector of Police, Vellode Police Station, Erode District. (Crime No.26 of 2019) 2. S.Balakrishnan ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/Section 482 of Cr.P.C, to call for the records relating to the Crime No.26 of 2019 on the file of the Vellode Police Station, Erode district and quash the same by allowing this Criminal Original Petition. For Petitioner : Mr.M.Guruprasad For R1 : Mr.A.Gopinath Government Advocate (Crl.side) ORDER This Criminal Original Petition has been filed challenging the FIR in Cr.No.26 of 2019 on the file of first respondent and to quash the same. Page 1 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.7540 of 2025 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the first respondent and perused the materials available on record. 3. The case of the prosecution is that the defacto complainant is the Assistant Executive Engineer in TANTRANSCO and he was entrusted with laying of 400 KV High Tension Transmission lines between Rasipalayam, Tiruppur District and Palavadi, Dharmapuri District. On 25.01.2019, when the informant went to erect Tower No.24, some of the accused who are all farmers had climbed the Tower No.83 and threatened that they would jump and commit suicide. It is further alleged that some of the accused pelted stones on the tower and raised slogans, objecting the erection of tower. Hence, the complaint. 4. On the complaint, the first respondent registered FIR in Crime No.26 of 2019 for the offences punishable under Sections 336, 506(1) and 353 of IPC and Section 3(1) of TNPPDL Act. Page 2 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.7540 of 2025 5. It is seen that the petitioner was a Chartered Accountant and after quitting his profession, he is doing organic farming in his own land. While being so, in the year 2015, the petitioner was also one of the affected farmers by the 400 KV transmission line which runs from Rasipalayam, Tiruppur District to Palavadi, Dharmapuri District, which was later installed in the year 2019. With regard to the same, the petitioner and other farmers had organized protest as against the installation of transmission line in Muthuligoundanvalasu village. 6. A perusal of records revealed that there is absolutely no damage to any property to attract the offence under Section 3(1) of TNPPDL Act. Only on the ground that the petitioner and others conducted a protest as against drawing of transmission line, the case has been registered as against the petitioner and others. Now, the entire transmission line has been drawn and the entire project itself completed. That apart, the FIR is pending from the year 2019. Merely keeping the impugned FIR pending would not serve any purpose. Therefore, the impugned FIR in Crime No.26 of 2019, on the file of the first respondent cannot be sustained and is liable to be quashed. https://www.mhc.tn.gov.in/judis Crl.O.P.No.7540 of 2025 7. Accordingly, the FIR in Crime No.26 of 2019 on the file of the first respondent is hereby quashed. This Criminal Original Petition stands allowed. 14.03.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn https://www.mhc.tn.gov.in/judis Crl.O.P.No.7540 of 2025 To 1. The Inspector of Police, Vellode Police Station, Erode District. 2. The Public Prosecutor, High Court, Madras. Page 5 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.7540 of 2025 G.K.ILANTHIRAIYAN. J, mn Crl.O.P.No.7540 of 2025 14.03.2025 https://www.mhc.tn.gov.in/judis