The court quashed the FIR due to discrepancies and falsehood in the prosecution's case, emphasizing accountability for law enforcement actions.

ORDER :

PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the case in impugned charge sheet in P.R.C.No.25 of 2022 on the file of the Judicial Magistrate, Sivagiri, in Crime No.330 of 2020 on the file of the 1st respondent and quash the same as illegal.

A. The Petition:

This Criminal Original Petition is filed to quash the final report in P.R.C.No.25 of 2022 on the file of the Judicial Magistrate Court, Sivagiri, for the alleged offences under Sections 294 (b), 353, 506 (1) and 379 of IPC.

B. The Case of the Prosecution:

2. The case of the prosecution as per the first information report and as per the final report is that L.W.1 –Kajamohaideen, was functioning as the Village Administrative Officer; L.W.2 – Seevil Pandian, was functioning as the Village Assistant and L.W.3 –Muthukumar was functioning as Revenue Inspector, at the relevant point of time. While so, within the boundaries of Sankanaperi Village, in the outskirts of Nitchobanathi River, in Survey Nos.4/1, 11/2, 38/2, 93/1 and near the same in Survey Nos.11/1A, 11/131 and in Nerkattumseval Village, in Survey Nos.260/3A, 179/3, 198/1A, there was unclaimed 52 units of river sand which was stocked. Upon learning about the same, Revenue Tahsildar, Sivagiri, fixed the price and auctioned it. In the auction, one Maridurai, son of Muthupandian belonging to the Nerkattumseval Village became the successful bidder and permission was granted to him to utilize the river sand from 10.08.2020 to 15.08.2020.

2.1 The petitioner herein, though unconnected with the above-mentioned incident, is alleged to have stocked river sand, on the barren land belonging to one Rangarajan in Survey Nos. 5/1, 5/2, 5/3, and 5/6, for his personal benefit, by illegally extracting it from the river poramboke and patta lands. Upon receiving a complaint from the public through L.W’s.1 to 3, attempted to transport the sand to the Taluk Office on 12.08.2020. However, at about 09.30 am., the petitioner - Manikandan confronted L.W’s.1 to 3 and falsely claimed that he had got an order of seizure pass and scolded them in filthy language as to how they could attempt to take away the said sand and prevented L.W’s.1 to 3 from performing their official duties. Hence, the final report under Sections 294 (b), 353, 506 (1) and 379 of IPC was filed. Aggrieved by the same, the present Criminal Original Petition is filed.

C. The Back Ground As Per the Petitioner:

3. As per the petitioner, in Sankanaperi Village, Survey Nos.4/1, 11/2, 38/2, 93/1, in Survey Nos.11/1A, 11/131 and also in Nerkattumseval Village, Sivagiri Taluk, Survey Nos.260/3A, 179/3, 198/1A, which are the patta lands, 52 units of river sand was found to be accumulated and stocked illegally. Upon enquiry, nobody claimed ownership of the said mineral. Therefore, it was decided to auction the said 52 units of river sand.

3.1 On 24.07.2020, one Maridurai, son of Muthupandian became the successful bidder in the auction and the sand was allotted to him with a direction to deposit a sum of Rs.18,480/-. An order thereof to issue trip sheets for removal of the river sand, in favour of the said Maridurai, son of Muthupandian was also passed on 08.08.2020 bearing Na.Ka.No.A3/12577/2011. Thereafter, on 25.08.2020, the said Maridurai had submitted a representation to all the authorities through registered post, complaining that after participating in the auction and depositing a sum of Rs.18,480/-, when he went to the spot, found that no river sand was available. Therefore, he challenged the authorities that he would go to Court unless the 52 units of river sand were handed over to him.

3.2 Fearing that he will go to Court, on 12.08.2020 a case in Crime No.330 of 2020 was registered against one Manikandan, under Sections 294 (b), 353, 506 (1) and 379 of IPC, as if he had illegally indulged in sand mining. In the said FIR, it has been stated that one Muthupandi was the successful bidder in the auction c