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High Court of Judicature at Madras
G.M. AKBAR ALI, J.
M. Perumal
Versus
State rep by The Inspector of Police & Others
Crl.O.P.Nos.17379 of 2002 and 15458 of 2007 and Crl.M.P.Nos.6954 of 2002 and MP No.1 of 2007
Decided on : 15-11-2012
Sec.482 Cr.P.C - Alleged Atrocities on Scheduled Tribes - Secs.147, 148, 332, 307, 323, 324, 325, 506(ii) IPC r/w sec.25(1)(a) of Indian Arms Act - Summary of Acts and Sections: The court discussed the application of Sec.482 Cr.P.C and referred to the guidelines laid down in the case of State of Haryana and Others vs Bhajanlal and others (1992 Supp (1) SCC 335) to prevent abuse of process of court and secure the ends of justice. The court also considered the principles established in the case of Harmanpreet Singh Ahluwalia and Others vs. State of Punjab and Others (2009 7 SCC 712) for invoking the inherent jurisdiction of the High Court under Sec.482 Cr.P.C in exceptional cases.
Fact of the Case:
The case involved alleged atrocities committed on the Scheduled Tribes of Vachathi Village by Forest, Police, and Revenue Officials. The incident stemmed from reports of sandalwood theft, leading to a confrontation between the officials and villagers, resulting in the registration of a case in 1992. The case remained pending for almost two decades.
Finding of the Court:
The court found that the proceedings were attended with malafide and maliciously instituted with an ulterior motive, and no purpose would be served by allowing the proceedings to continue after twenty years of the alleged incident. Consequently, the court quashed the entire proceedings in P.R.C.No.43/99 on the file of the learned Judicial Magistrate, Harur.
Issues: The issues revolved around the abuse of process of court, malafide nature of the proceedings, and the delay in the legal proceedings, leading to a violation of the constitutional right guaranteeing speedy trial.
Ratio Decidendi: The court applied the principles established in the cases of State of Haryana and Others vs Bhajanlal and others and Harmanpreet Singh Ahluwalia and Others vs. State of Punjab and Others to determine the abuse of process of court and the malicious nature of the proceedings, ultimately leading to the decision to quash the proceedings.
Final Decision: Both the criminal original petitions were allowed, and the entire proceedings in P.R.C.No.43/99 on the file of the learned Judicial Magistrate, Harur were quashed.
G.M. AKBAR ALI, J.
The present petitions filed under Sec.482 Cr.P.C, seeking for a direction to call for the records in P.R.C.No.43/99 on the file of the learned Judicial Magistrate, Harur, connected to Cr.No.970 of 1992 registered by the Inspector of Police, Harur, Dharmapuri Police Station for alleged offences punishable under Secs.147, 148, 332, 307, 323, 324 325 and 506(ii) IPC r/w sec.25(1)(a) of Indian Arms Act consequent to an incident regarding alleged atrocities committed on the Scheduled Tribes of Vachathi Village at the hands of District Forest, Police and Revenue Officials around 11.00 a.m on 20.6.1992.
2. As the factual backdrop and the legal proceedings which stemmed there from being common in so far as the present Criminal Original Petitions are concerned, they are disposed of by this common judgment.
3. For better appreciation of the case and course, it would be of much benefit at the first instance to recapitulate in brief, the back ground of the incident, which is known as Vachathi case.
4. The Reserve Forest in Chittaleri Hills of Harur Range, is rich in sandalwood. The Vachathi village was has a total population of 655 Malayali Scheduled Tribe people, who reside therein by putting 200 houses including 120 group houses constructed under a Government Scheme.
5. The Thombukkal Reserve Forest and Pallipattu Reserve Forest are situated adjacent to this village. There were reports of large scale theft by unlawful cutting of sandalwood trees from this area. A squad of 45 Forest Officials headed by one T.V. Singaravelu, the then Assistant Conservator of Forests, Harur, accompanied by Thiru Selvaraj and Jayachandran, Foresters, Ganesan, Ranger and other Officials including watchers and menials who were deputed for patrolling Thombukkal Reserve Forest reached the spot on 19.6.1992.
6. According to the forest officials, on 20.6.1992 they conducted a raid and caught red-handed seven villagers in possession of sandalwood while they were in the process of burying the sandalwood in the riverbed. In the course of such operation, on being surrounded by the officials, one of the villagers by firing with a country made gun in the air and others by making sounds and blowing whistles signalled villagers of Vachathi for rescue.
7. According to the complaint, the petitioner in Crl.O.P No.17379 of 2002, who is said to be the Head man (Oor Gounder), came to the spot with large number of villagers including women and threatened the forest officials. The forester Selvaraj and three other officials were assaulted by the named persons and all the officials were taken to the centre of village surrounded by the villagers and they were humiliated and assaulted by both men and women. Since the said Selvaraju was seriously injured he was allowed to be taken to Hospital and the complainant accompanied the injured .
8. Meanwhile, on coming to know about the attack on the officials at the hands of villagers, about 300 Forest, Police and Revenue officials marched towards the village and the famous or infamous but very unfortunate incidents took place at Vachathi.
9. At the end of the incident, based on the complaint given by the said Singaravelu, the then Assistant Conservator of Forests of Harur with Harur Police Station, the case in Cr.No.970/92 was registered against 105 persons of Vachathi village and more than 100 villagers were brought to the police station.
10. Ultimately, all the men and women were remanded to judicial custody. Meanwhile the atrocities of Vachathi on surfacing later, there were stiff demands for a judicial probe. However, this court passed suitable orders in WP No.1494 of 1992 for an investigation by Central Bureau of Investigation (CBI). After investigation, CBI filed a charge sheet against 269 Forest, Police and Revenue officials in the year 1996. They were found guilty by the trial court in the year 2011 and the appeal is pending before this court.
11. Meanwhile, in the case registered against the village
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